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STATE v. JAMES

No. 2009-KA-1188.

32 So.3d 993 (2010)

STATE of Louisiana v. Herbert JAMES.

Court of Appeal of Louisiana, Fourth Circuit.

February 24, 2010.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr., District Attorney, Matthew Caplan, Assistant District Attorney, New Orleans, LA, for Appellee.

John Harvey Craft, Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.

(Court composed of Judge MICHAEL E. KIRBY, Judge MAX N. TOBIAS, JR., Judge ROLAND L. BELSOME).

MICHAEL E. KIRBY, Judge.

STATEMENT OF CASE

The state charged appellant, Herbert James, with two counts of sexual battery in violation of La. R.S. 14:43.1.1 He entered a not guilty plea and waived motions. On October 29, 2008, the district court denied appellant's motion to quash. He then proceeded to trial before the judge and was found guilty as charged. His subsequent motion for new trial was denied and, after waiving...

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