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STATE v. SMITH

No. 26,762-KA.

649 So.2d 145 (1995)

STATE of Louisiana v. Eric SMITH.

Court of Appeal of Louisiana, Second Circuit.

January 25, 1995.

Attorney(s) appearing for the Case

Indigent Defender Bd. by Wm. Rick Warren, Minden, for appellant.

Richard Ieyoub, Atty. Gen., Baton Rouge, James M. Bullers, Dist. Atty., Benton, L. Charles Minifield, Asst. Dist. Atty., Minden, for appellee.

Before SEXTON, LINDSAY and BROWN, JJ.

PER CURIAM.

The defendant, originally charged with carnal knowledge of a juvenile, pled guilty to an amended charge of attempted carnal knowledge of a juvenile. LSA-R.S. 14:27, 14:80 A(1). The trial court upwardly departed from the prescribed sentence under the Felony Sentencing Guidelines and sentenced defendant to four years at hard labor. Defendant timely filed a motion to reconsider sentence, urging that the court failed to consider that the sex act was voluntary...

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