CIACCIO, Judge.
Defendant, Alfred Berry, was charged with three counts of aggravated rape in violation of R.S. 14:42 and three counts of armed robbery in violation of R.S. 14:64. The state severed count 3 (R.S. 14:42) and count 4 (R.S. 14:64) from counts 1, 2, 5 and 6. Defendant was tried on counts 1, 2, 5 and 6 and found not guilty on all four counts. As to counts 3 and 4, the defendant was tried and found guilty on count 4, armed robbery, but because the jury could...
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