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STATE v. FRUGE

No. 09-1131.

34 So.3d 422 (2010)

STATE of Louisiana v. Toby James FRUGE.

Court of Appeal of Louisiana, Third Circuit.

April 7, 2010.

Attorney(s) appearing for the Case

Michael Harson, District Attorney, Lafayette, LA, for Plaintiff/Appellee, State of Louisiana.

Jason W. Robideaux, Attorney at Law, Lafayette, LA, for Defendant/Appellant, Toby James Fruge.

Court composed of MARC T. AMY, ELIZABETH A. PICKETT, and SHANNON J. GREMILLION, Judges.

PICKETT, Judge.

FACTS:

The defendant, Toby James Fruge, was charged by bill of information filed on May 29, 2007, with two counts of forcible rape, in violation of La. R.S. 14:42.1. On June 12, 2007, a written plea of not guilty was entered. Trial by jury commenced on February 10, 2009. The jury returned verdicts of guilty of forcible rape and the responsive verdict of simple rape, a violation of La. R.S. 14:43, on February 11, 2009. On February 11...

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