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STATE v. FERNANDEZ

No. 03-KA-987.

864 So.2d 764 (2003)

STATE of Louisiana v. Paul FERNANDEZ.

Court of Appeal of Louisiana, Fifth Circuit.

December 30, 2003.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Juliet Clark, Terry M. Boudreaux, Kia Habisreitinger, Assistant District Attorneys, Gretna, LA, for State.

Frank G. DeSalvo, New Orleans, LA, for Defendant-Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SUSAN M. CHEHARDY and CLARENCE E. McMANUS.

CLARENCE E. McMANUS, Judge.

The Jefferson Parish District Attorney filed a bill of information charging defendant, Paul Fernandez, with sexual battery, a violation of LSA-R.S. 14:43.1, for acts allegedly committed on July 29, 2001. Defendant pled not guilty at the arraignment.

The following facts were elicited at trial. S.M. and her husband, along with some friends, were at Studio II Lounge in Jefferson Parish.1 S.M. was dancing...

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