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STATE v. WIX

No. 2002-KA-1493.

838 So.2d 41 (2003)

STATE of Louisiana v. Derrick WIX and Michael Smith.

Court of Appeal of Louisiana, Fourth Circuit.

January 15, 2003.

Attorney(s) appearing for the Case

Laura Pavy, Louisiana Appellate Project, New Orleans, LA, for Michael Smith.

Mary Constance Hanes, Louisiana Appellate Project, New Orleans, LA, for Derrick Wix.

Harry F. Connick, District Attorney Of Orleans Parish, Scott Peebles, Assistant District Attorney, New Orleans, LA, for Plaintiff/Appellee.

(Court Composed of Chief Judge WILLIAM H. BYRNES III, Judge MAX N. TOBIAS, JR., and Judge DAVID S. GORBATY).

MAX N. TOBIAS, JR., Judge.

The defendants, Michael Smith ("Smith") and Derrick Wix ("Wix"), were each charged by bill of information on 3 March 2000 with one count of attempted second-degree murder, one count of attempted armed robbery, and three counts of armed robbery, respective violations of La. R.S. 14:(27)30.1, 14:(27) 64, and 14:64. The defendants pleaded not guilty at their 13 March 2000 arraignment. On 22 June 2000, Wix elected to have a judge trial. On 28...

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