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STATE v. BYRNSIDE

No. 34,948-KA.

795 So.2d 435 (2001)

STATE of Louisiana, Appellee, v. Brian Nicholas BYRNSIDE, Appellant.

Court of Appeal of Louisiana, Second Circuit.

August 22, 2001.

Attorney(s) appearing for the Case

Kidd-Culpepper by Paul Henry Kidd, Monroe, Counsel for Appellant.

Richard Ieyoub, Attorney General, Robert W. Levy, District Attorney, A. Shawn Alford, Assistant District Attorney, Counsel for Appellee.

Before BROWN, STEWART & PEATROSS, JJ.

PEATROSS, J.

Defendant, Brian Nicholas Byrnside, was charged with sexual battery, a violation of La. R.S. 14:43.1; however, pursuant to a plea bargain with the State, Defendant pled guilty to aggravated battery, a violation of La. R.S. 14:34, in exchange for the State's recommendation that he be sentenced under La.C.Cr.P. art. 893, which allows for a suspended or deferred sentence. The trial court, however, rejected the plea bargain, refusing to sentence Defendant...

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