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STATE v. LEBOEUF

No. 99-KA-1023.

758 So.2d 866 (2000)

STATE of Louisiana v. Nicholas J. LeBOEUF.

Court of Appeal of Louisiana, Fifth Circuit.

February 16, 2000.

Attorney(s) appearing for the Case

Stephen P. Callahan, Houma, Louisiana, Attorney for Appellant Nicholas J. LeBouef.

Paul D. Connick, Jr., District Attorney, 24 th Judicial District, Alison Wallis-Counsel of Record on Appeal, Terry M. Boudreaux—Appellate Counsel, Assistant District Attorneys, Gretna, Louisiana, Attorneys for Appellee State of Louisiana.

Panel composed of Judges JAMES L. CANNELLA, MARION F. EDWARDS and CLARENCE E. McMANUS.

CANNELLA, Judge.

Defendant, Nicholas LeBoeuf, appeals from his conviction and sentence for First Degree Negligent Injury. We vacate the conviction and sentence and remand.

Defendant was charged with violation of La. R.S. 14:39.2 on August 26, 1997. He was tried by a jury of six persons on February 2, 3, 4, 1998 and found guilty as charged. On February 18, 1998, defendant's post-trial motions for new trial and acquittal were denied. On the same day, prior to...

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