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STATE v. SMITH

No. 98-KA-1193.

734 So.2d 103 (1999)

STATE of Louisiana v. Michael SMITH.

Court of Appeal of Louisiana, Fifth Circuit.

April 14, 1999.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Thomas J. Butler, Terry M. Boudreaux, Donald R. Rowan, Jr., Assistant District Attorneys, Gretna, Louisiana, Counsel for plaintiff-appellee.

Katherine M. Franks, Baton Rouge, Louisiana, Counsel for defendant-appellant.

Court composed of Judges H. CHARLES GAUDIN, CHARLES GRISBAUM, Jr. and JAMES L. CANNELLA.

GAUDIN, Judge.

Michael Smith was convicted by a unanimous jury of aggravated rape of an eight-year-old boy and sentenced to life imprisonment without benefit of parole, probation or suspension of sentence. We affirm.

On appeal, Smith assigns these district court errors:

(1) the evidence was insufficient to convict him of aggravated rape where the only evidence of sexual penetration was his (Michael Smith...

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