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STATE v. KENNEDY

No. 97-KA-1726.

722 So.2d 1071 (1998)

STATE of Louisiana, v. Jerry A. KENNEDY, III.

Court of Appeal of Louisiana, Fourth Circuit.

November 10, 1998.

Attorney(s) appearing for the Case

John F. Rowley, District Attorney, St. Bernard Parish, Glenn E. Diaz, Walker H. Drake, Jr., Darren M. Roy, Assistant District Attorneys, St. Bernard Parish, Chalmette, Louisiana, Attorneys for Plaintiff/Appellee.

Christopher A. Aberle, Louisiana Appellate Project, Mandeville, Louisiana, Attorney for Defendant/Appellant.

Court composed of Judge WILLIAM H. BYRNES, III and Judge JOAN BERNARD ARMSTRONG and Judge JAMES F. McKAY, III.

McKAY, Judge.

STATEMENT OF THE CASE

The defendant was charged June 27, 1996 with the second degree battery of Jennifer Zornes on May 21, 1996. He was arraigned July 22, 1996, and pled not guilty. On October 23, 1996, prior to the start of trial, he withdrew his plea of not guilty and pled guilty as charged. He was immediately sentenced to four years, six months at hard labor. He later filed a motion to vacate...

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