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STATE v. DAVENPORT

No. KA 07-254.

967 So.2d 563 (2007)

STATE of Louisiana v. Herbert DAVENPORT, Jr.

Court of Appeal of Louisiana, Third Circuit.

October 3, 2007.

Attorney(s) appearing for the Case

James Edward Beal, Louisiana Appellate Project, Jonesboro, LA, for Defendant, Herbert Davenport, Jr.

Michael Harson, District Attorney, 15th Judicial District Court, Lafayette, LA, Richard Johnson Putnam, III, Assistant District Attorney, 15th Judicial District Court, Abbeville, LA, for State of Louisiana.

Court composed of JOHN D. SAUNDERS, ELIZABETH A. PICKETT, and JAMES T. GENOVESE, Judges.

SAUNDERS, Judge.

This court previously found as follows:

The State of Louisiana (state) charged the defendant by bill of information with a violation of La.R.S. 14:100. After a two-day trial, which began on July 12, 2005, a jury convicted the defendant of the charge. The trial court then ordered the preparation of a presentence investigation report and set sentencing for November 9, 2005. On that date, the trial court sentenced the defendant to serve seven...

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