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STATE v. FORTINO

No. 02-KA-708.

837 So.2d 684 (2002)

STATE of Louisiana v. Eugene FORTINO.

Court of Appeal of Louisiana, Fifth Circuit.

December 30, 2002.

Attorney(s) appearing for the Case

Arcenious F. Armond, Jr., Gretna, LA, for Appellant.

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Appellate Counsel, Thomas J. Butler, Counsel of record on appeal, Frank Brindisi, Trial Counsel, Rob Konrad, Trial Counsel, Assistant District Attorneys, Gretna, LA, for Appellee.

Panel composed of Judges SOL GOTHARD, JAMES L. CANNELLA and CLARENCE E. McMANUS.

JAMES L. CANNELLA, Judge.

The Defendant, Eugene Fortino, appeals from his conviction of second degree battery and his sentence to four years imprisonment at hard labor. We affirm the conviction and sentence and remand.

The Defendant was charged on August 22, 2001 with second degree battery on his estranged wife, Constantina Lopipero (Lopipero), a violation of La.R.S. 14:34.1. He pled not guilty at arraignment. On...

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