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STATE v. BEVERLY

No. 39,106-KA.

889 So.2d 1168 (2004)

STATE of Louisiana, Appellee, v. Tommy BEVERLY, Appellant.

Court of Appeal of Louisiana, Second Circuit.

December 15, 2004.

Attorney(s) appearing for the Case

Paula C. Marx, G. Paul Marx, Lafayette, for Appellant.

J. Schuyler Marvin, District Attorney, Dale Montgomery, John M. Lawrence, Assistant District Attorneys, for Appellee.

Before WILLIAMS, STEWART and GASKINS, JJ.

WILLIAMS, J.

The defendant, Tommy Beverly, was indicted by a grand jury for first degree murder, a violation of LSA-R.S. 14:30. The state elected to pursue the death penalty. Subsequently, pursuant to a plea agreement, the defendant pled guilty to attempted first degree murder, a violation of LSA-R.S. 14:27 and LSA-R.S. 14:30. The trial court sentenced the defendant to serve fifty years at hard labor without the benefit of parole, probation or suspension of sentence...

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