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STATE v. WARE

No. 05-1451.

929 So.2d 240 (2006)

STATE of Louisiana v. Calvin WARE.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 7, 2006.

Attorney(s) appearing for the Case

James Edward Beal, Louisiana Appellate Project, Jonesboro, LA, for Defendant/Appellant-Calvin Ware.

Christopher Brent Coreil, District Attorney-13th Judicial District Court, Ville Platte, LA, Raymond J. LeJeune, Mamou, LA, for Plaintiff/Appellee-State of Louisiana.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS, and JAMES T. GENOVESE, Judges.

THIBODEAUX, Chief Judge.

Defendant, Calvin Ware, appeals his jury conviction of attempted forcible rape on the basis that the evidence was insufficient to sustain a conviction of attempted forcible rape or any other responsive verdict. We agree. We reverse his conviction and order that a judgment of acquittal be entered.

INSUFFICIENCY OF THE EVIDENCE

The elements of forcible rape are set forth in La.R.S. 14:42.1, which provides, in pertinent part...

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