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STATE v. GIVENS

No. 2003-KA-2071.

871 So.2d 470 (2004)

STATE of Louisiana v. Kyle M. GIVENS.

Court of Appeal of Louisiana, Fourth Circuit.

March 24, 2004.

Attorney(s) appearing for the Case

Eddie J. Jordan, Jr., District Attorney, Nick Orechwa, Assistant District Attorney, New Orleans, LA, for Plaintiff/Appellee.

Christopher A. Aberle, Louisiana Appellate Project, Mandeville, LA, for Defendant/Appellant.

(Court composed of Judge CHARLES R. JONES, Judge MAX N. TOBIAS JR. and Judge Pro Tempore MOON LANDRIEU).

MOON LANDRIEU, Judge Pro Tempore.

On August 29, 2002, the State filed a bill of information charging the defendant, Kyle M. Givens, with aggravated incest in violation of La. R.S. 14:78.1. At his arraignment on September 9, 2002, he pleaded not guilty. Probable cause was found after a hearing on March 13, 2003; at trial that same day, a six-member jury found the defendant guilty of the responsive verdict of attempted aggravated incest. The State filed a multiple bill...

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