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STATE v. LOPINTO

No. 92-KA-0637.

619 So.2d 686 (1993)

STATE of Louisiana v. Gerald LOPINTO, Jr., a/k/a Johnny Evans

Court of Appeal of Louisiana, Fourth Circuit.

May 13, 1993.

Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Val M. Solino, Asst. Dist. Atty., New Orleans, for plaintiff.

Ralph S. Whalen, Jr., New Orleans, for defendant.

Before ARMSTRONG, PLOTKIN and JONES, JJ.

ARMSTRONG, Judge.

On May 4, 1990 the defendant, Gerald Lopinto, was charged with four counts of arson with intent to defraud. In count four of the bill, Frank Gilmore was also charged. On March 21, 1991 Gilmore pled guilty as charged and was sentenced to five years at hard labor, suspended, and placed on three years active probation with the special condition that he give two hundred hours of community service. On November

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