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STATE v. VANCE

No. 06-KA-452.

947 So.2d 105 (2006)

STATE of Louisiana v. Randolph VANCE.

Court of Appeal of Louisiana, Fifth Circuit.

November 28, 2006.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Twenty-Fourth Judicial District, Parish of Jefferson, Terry M. Boudreaux, Assistant District Attorney, Gretna, Louisiana, for Plaintiff/Appellee.

Bruce G. Whittaker, Attorney at Law, Louisiana Appellate Project, New Orleans, Louisiana, for Defendant/Appellant.

Panel composed of Judges MARION F. EDWARDS, CLARENCE E. McMANUS and WALTER J. ROTHSCHILD.

CLARENCE E. McMANUS, Judge.

Defendant, Randolph Vance, was charged by bill of information with attempted first degree murder of Patrick Peppo in violation of LSA-R.S. 14:27 and LSA-R.S. 14:30 (count one) and with armed robbery of Tanyell Allen in violation of LSA-R.S. 14:64 (count two). The State severed the two counts and proceeded to trial on count two only. After trial, a twelve-person jury returned a unanimous verdict of guilty as charged. After the

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