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STATE v. BRISCO

No. 04-797.

887 So.2d 660 (2004)

STATE of Louisiana v. Mickel BRISCO.

Court of Appeal of Louisiana, Third Circuit.

November 10, 2004.

Attorney(s) appearing for the Case

J. Phillip Haney, District Attorney, New Iberia, LA, for Plaintiff/Appellee State of Louisiana.

Walter James Senette, Jr., Assistant District Attorney, Sixteenth Judicial District Court, Franklin, LA, for Plaintiff/Appellee State of Louisiana.

Richard Allen Spears, Attorney At Law, New Iberia, LA, for Defendant/Appellant Mickel Brisco.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, GLENN B. GREMILLION, and ELIZABETH A. PICKETT, Judges.

PICKETT, J.

FACTS

Nedra Brisco was married to Mickel Brisco. They separated on November 26, 2000. On December 26, 2000, Mr. Brisco fired approximately four shots into the home where Ms. Brisco and her children were staying. Bullets recovered from the crime scene were matched to a handgun owned by Mr. Brisco.

Mr. Brisco was charged by bill of information on May 18, 2001, with assault by drive-by shooting, a violation of La.R.S.14:37.1. The...

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