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STATE v. GARDNER

No. 05-KA-62.

907 So.2d 793 (2005)

STATE of Louisiana v. Dernell O. GARDNER.

Court of Appeal of Louisiana, Fifth Circuit.

June 28, 2005.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney Terry M. Boudreaux, Juliet Clark, Christopher Cox, Assistant District Attorneys Twenty-Fourth Judicial District Parish of Jefferson, Gretna, LA, for Plaintiff/Appellee.

Holli Herrle-Castillo, Louisiana Appellate Project, Marrero, LA, for Defendant/Appellant.

Panel composed of Judges SOL GOTHARD, THOMAS F. DALEY, and MARION F. EDWARDS.

THOMAS F. DALEY, Judge.

On September 18, 2003, the Jefferson Parish District Attorney filed a Bill of Information charging the defendant, Dernell O. Gardner, with Count 1, disarming a police officer, in violation of LSA-R.S. 14:34.6, and Count 2, second degree battery, in violation of LSA-R.S. 14:34.1. The defendant was arraigned on September 19, 2003 and pled not guilty.

On March 11 and 12, 2004, the case was tried before a 12-person jury, which found the...

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