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STATE v. SMITH

No. 34,325-KA.

775 So.2d 640 (2000)

STATE of Louisiana, Appellee, v. Jeffery SMITH, Appellant.

Court of Appeal of Louisiana, Second Circuit.

December 20, 2000.

Attorney(s) appearing for the Case

Amy C. Ellender, Louisiana Appellate Project, Counsel for Appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Laura O. Wingate, Assistant District Attorney, Counsel for Appellee.

Before BROWN, WILLIAMS and GASKINS, JJ.

PER CURIAM

The defendant, Jeffery Smith, entered a plea of guilty to sexual battery and was sentenced to serve five years at hard labor, without benefit of parole, probation, or suspension of sentence. He now appeals the sentence as excessive. We affirm the conviction and sentence.

FACTS

On April 5, 1998, the defendant arrived at his grandmother's home as she was leaving. He entered the house and engaged in a nonconsensual act of sexual intercourse...

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