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STATE v. SWAINGAN

No. 93-KA-572.

630 So.2d 300 (1993)

STATE of Louisiana v. Leroy SWAINGAN.

Court of Appeal of Louisiana, Fifth Circuit.

December 28, 1993.

Attorney(s) appearing for the Case

Harry J. Morel, Dist. Atty., Gregory Champagne, Asst. Dist. Atty., Hahnville, for plaintiff-appellee.

Mark Marino, Destrehan, for defendant-appellant.

Before BOWES, DUFRESNE and GOTHARD, JJ.

DUFRESNE, Judge.

The defendant was convicted of first degree robbery, adjudicated a fourth or subsequent felony offender and sentenced to forty (40) years at hard labor without benefit of probation, parole, or suspension of sentence. On appeal this court affirmed his conviction and sentence. State v. Swaingan, 563 So.2d 1204 (La.App. 5th Cir.1990).

On November 8, 1991, the defendant filed an application for post-conviction...

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