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STATE v. BISHOP

No. 34,637-KA.

792 So.2d 886 (2001)

STATE of Louisiana, Appellee, v. Dale P. BISHOP, Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied August 16, 2001.

Attorney(s) appearing for the Case

Wilson Rambo, Counsel for Appellant.

Richard Ieyoub, Attorney General, Jerry L. Jones, District Attorney, Stephen T. Sylvester, Assistant District Attorney, Counsel for Appellee.

Before NORRIS, WILLIAMS and PEATROSS, JJ.

NORRIS, Chief Judge.

Dale Bishop was convicted of attempted second degree murder and sentenced to 50 years at hard labor. He appeals his conviction and sentence. We reverse his conviction, convict him of the lesser offense of aggravated battery, La. R.S. 14:34, and remand for re-sentencing.

Facts

Early on the morning of June 15, 1985 the victim, Raymond Eady, went to a vacant lot off McClendon Street in West Monroe to drink beer. While sitting...

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