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STATE v. BROUSSARD

No. 09-1012.

33 So.3d 1036 (2010)

STATE of Louisiana v. Paul Jacoby BROUSSARD.

Court of Appeal of Louisiana, Third Circuit.

April 7, 2010.

Attorney(s) appearing for the Case

Mark O. Foster, Louisiana Appellate Project, Natchitoches, LA, for Defendant-Appellant, Paul Jacoby Broussard.

Michael Harson, District Attorney, Keith Stutes, Assistant District Attorney Lafayette, LA, for Appellee, State of Louisiana.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JIMMIE C. PETERS, and J. DAVID PAINTER, Judges.

PAINTER, Judge.

Defendant, Paul Jacoby Broussard, appeals his conviction for second degree battery. For the reasons set forth herein, we overturn the conviction for second degree battery, render judgment finding Defendant guilty of simple battery, and remand for resentencing.

FACTS AND PROCEDURAL HISTORY

Defendant was convicted of committing a second degree battery upon his girlfriend, Alydia Menard.

Defendant was charged by bill of information...

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