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STATE v. KELLY

No. 2001-KA-2173.

814 So.2d 608 (2002)

STATE of Louisiana v. Tracy L. KELLY.

Court of Appeal of Louisiana, Fourth Circuit.

March 20, 2002.

Attorney(s) appearing for the Case

Harry F. Connick, District Attorney, Juliet Clark, Assistant District Attorney, New Orleans, LA, for Plaintiff/Appellee.

Pamela S. Moran, Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.

(Court composed of Chief Judge WILLIAM H. BYRNES III, Judge JAMES F. McKAY III, Judge DAVID S. GORBATY).

GORBATY, Judge.

Tracy L. Kelly appeals his conviction for attempted solicitation of a crime against nature. Because we have discovered a fatal error patent, we vacate the conviction and sentence, and remand this matter to the trial court for a new trial.

FACTS:

On March 1, 2001, Tracy L. Kelly was charged by bill of information with solicitation for a crime against nature in violation of La.Rev.Stat. 14:89(2). Kelly was found guilty of attempted...

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