STATE v. RICO

No. CR99-158.

741 So.2d 774 (1999)

STATE of Louisiana, Plaintiff-Appellee, v. Burt RICO, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied December 10, 1999.


Attorney(s) appearing for the Case

Jerold Edward Knoll, Marksville, Norris J. Greenhouse, Asst. Dist. Atty., for State of La.

Thomas A. Nelson, New Roads, for Burt Rico.

BEFORE: THIBODEAUX, COOKS, and PICKETT, Judges.


THIBODEAUX, Judge.

Defendant, Burt Rico, appeals a jury conviction for stalking, La.R.S. 14:40.2, on the basis of insufficiency of the evidence to sustain a guilty verdict. Because we conclude that the State failed to prove a "repeated following," we reverse the Defendant's conviction and order that an acquittal be entered.

FACTS

On the evening of March 16, 1997, eighteen year old Suzanne Duhon ("Suzanne"); her three-month-old daughter, Abby...

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