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STATE v. WISCHER

No. 2004-KA-0325.

885 So.2d 602 (2004)

STATE of Louisiana v. George WISCHER.

Court of Appeal of Louisiana, Fourth Circuit.

September 22, 2004.

Attorney(s) appearing for the Case

Eddie J. Jordan, Jr., District Attorney, Battle Bell IV, Assistant District Attorney, New Orleans, LA, for Plaintiff/Appellee.

Eric J. Hessler, Frank G. DeSalvo, A.P.L.C., New Orleans, LA for Defendant/Appellant.

(Court composed of Judge DAVID S. GORBATY, Judge LEON A. CANNIZZARO, JR., Judge ROLAND L. BELSOME).

DAVID S. GORBATY, Judge.

Defendant George Wischer appeals his conviction and sentence for simple battery. For the following reasons, we affirm the conviction, vacate the sentence and remand for resentencing.

STATEMENT OF CASE:

On April 24, 2003, the State indicted George Wischer for second-degree battery, a violation of La.Rev.Stat. 14:34.1. Following a two-day bench trial, the judge found the defendant guilty of simple battery, a violation of La...

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