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STATE v. BAJOIE

No. 2004-KA-1843.

899 So.2d 78 (2005)

STATE of Louisiana v. Nolan J. BAJOIE, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

March 9, 2005.

Attorney(s) appearing for the Case

Eddie J. Jordan, Jr., District Attorney, Claire Adriana White, Assistant District Attorney, New Orleans, LA, for Plaintiff/Appellee.

Sherry Watters, Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge CHARLES R. JONES, Judge MICHAEL E. KIRBY, and ROLAND L. BELSOME).

CHARLES R. JONES, Judge.

This appeal concerns a resentencing only. For the following reasons, we affirm.

FACTS

On March 21, 2001, Tomika Johnson, and her boyfriend, the defendant, Nolan J. Bajoie, Jr., returned to her home after an outing. As they entered Ms. Johnson's apartment, the telephone began to ring. Ms. Johnson answered the phone and conversed with her insurance salesman. Ms. Johnson testified at trial that Bajoie did not believe that she...

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