STATE v. SMITH

No. Cr95-1215.

672 So.2d 211 (1996)

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

Court of Appeal of Louisiana, Third Circuit.

April 3, 1996.


Attorney(s) appearing for the Case

Ronnie Owen McMillin, Asst. Dist. Atty. and John Johnson, Concordia, Dist. Atty., for the State of Louisiana.

Joseph Rodney Messina, Baton Rouge, for William T. Smith.

Before KNOLL, WOODARD and PETERS, JJ.


WOODARD, Judge.

On August 17, 1994, defendant, William T. Smith, was indicted, arraigned and pled not guilty to one count of second degree battery, a violation of La.R.S. 14:34.1. On March 20-21, 1995, defendant was tried by jury and found guilty. At a subsequent hearing, defendant was adjudged an habitual offender and sentenced to five years at hard labor. Defendant now appeals his conviction and sentence.

FACTS

On July 29, 1994, the defendant,...

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