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STATE v. MUNEER

No. 98-KA-663.

733 So.2d 26 (1999)

STATE of Louisiana v. Elazab MUNEER a/k/a Muneer Elazab.

Court of Appeal of Louisiana, Fifth Circuit.

Opinion On Rehearing, March 10, 1999.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Ellen S. Fantaci, Assistant District Attorneys, Gretna, Louisiana, Attorneys for Plaintiff/Appellee.

Thomas G. Wilkinson, Stephen C. Grefer, Gretna, Louisiana and Jack M. Capella, Metairie, Louisiana, and Don C. Gardner, Harahan, Louisiana, Attorneys for Defendant/Appellant.

Panel composed of Judges SOL GOTHARD, JAMES L. CANNELLA and THOMAS F. DALEY.

DALEY, Judge.

Defendant Elazab Muneer1 appeals his conviction of aggravated cruelty to animals, a violation of LSA-R.S. 14:102.1. For the reasons that follow, we vacate the judgment of conviction of aggravated cruelty to animals, enter a judgment of conviction of simple cruelty to animals, and remand for resentencing.

On appeal, defendant argues that the trial court erred by convicting Mr. Elazab in a purely circumstantial case...

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