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STATE v. BURGESS

No. 04-121.

876 So.2d 263 (2004)

STATE of Louisiana v. Damian S. BURGESS.

Court of Appeal of Louisiana, Third Circuit.

June 16, 2004.

Attorney(s) appearing for the Case

Frederick L. Welter, Assistant District Attorney, Crowley, LA, for Appellee: State of Louisiana.

Edward K. Bauman, Louisiana Appellate Project, Lake Charles, LA, for Defendant/Appellant: Damian S. Burgess.

Court composed of SYLVIA R. COOKS, ELIZABETH A. PICKETT and BILLY H. EZELL, Judges.

COOKS, Judge.

The Defendant, Damian Burgess, appeals his convictions on one count of simple battery and two counts of public intimidation. For the following reasons, we affirm the conviction of simple battery and reverse the public intimidation convictions on both counts.

FACTS

In the early morning hours of October 21, 2001, the Defendant, Damian Burgess, was closely following his girlfriend home from work. A Rayne City Police Officer saw the two...

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