STATE v. SMITH

No. CR94-388.

645 So.2d 817 (1994)

STATE of Louisiana, Plaintiff-Appellee, v. Scott SMITH, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

November 9, 1994.


Attorney(s) appearing for the Case

Patricia Head Minaldi, Asst. Dist. Atty., Paul Peter Reggie, for the State of La.

Ronald F. Ware, for Scott Smith.

Before THIBODEAUX, COOKS and SAUNDERS, Judges.


THIBODEAUX, Judge.

Scott Smith was convicted of attempted aggravated crime against nature in violation of La.R.S. 14:89.1(A)(6) and 14:27(A). He appeals his conviction on the basis that the evidence was insufficient to convict him.

We agree. Because the state's evidence failed to prove that an "act" occurred tending directly toward committing aggravated crime against nature, we reverse the jury verdict and vacate and set aside the defendant's conviction and...

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