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STATE v. BROWN

No. 01-KA-41.

788 So.2d 694 (2001)

STATE of Louisiana v. Eugene BROWN.

Court of Appeal of Louisiana, Fifth Circuit.

May 30, 2001.

Attorney(s) appearing for the Case

Margaret S. Sollars, Louisiana Appellate Project, Thibodaux, LA, Attorney for Appellant Eugene Brown.

Paul D. Connick, Jr., District Attorney 24th Judicial District, Parish of Jefferson, State of Louisiana, Churita H. Hansell— counsel of Record on Appeal, Terry M. Boudreaux—appellate Counsel, Donald A. Rowan, Jr.—Trial Counsel, Assistant District Attorneys, Gretna, LA, Attorneys for Appellee State of Louisiana.

Panel composed of Judges EDWARD A. DUFRESNE, JR., JAMES L. CANNELLA and WALTER J. ROTHSCHILD.

JAMES L. CANNELLA, Judge.

Defendant, Eugene Brown, appeals from his jury conviction of simple rape, a violation of La. R.S. 14:43, and from his sentence of ten years imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence.1 We affirm the conviction, vacate the sentence and remand.

On the evening and early morning of December 4th and 5th, 1998, Pamela Pierce (Pierce) arrived at the Pair of Dice...

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