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STATE v. PENNYWELL

No. 13-1376.

139 So.3d 587 (2014)

STATE of Louisiana v. Tony Garnell PENNYWELL.

Court of Appeal of Louisiana, Third Circuit.

May 7, 2014.

Attorney(s) appearing for the Case

James C. Downs , District Attorney, Monique Y. Metoyer , Assistant District Attorney, Alexandria, Louisiana, for Appellee: State of Louisiana.

Edward K. Bauman , Louisiana Appellate Project, Lake Charles, Louisiana, for Defendan/Appellant: Tony Garnell Pennywell.

Tony Garnell Pennywell , Louisiana State Penitentiary, Angola, Louisiana, for Defendant/Appellant.

Court composed of ELIZABETH A. PICKETT, SHANNON J. GREMILLION, and PHYLLIS M. KEATY, Judges.

KEATY, Judge.

Defendant, Tony Garnell Pennywell, appeals his convictions for two counts of aggravated rape and three counts of aggravated incest. For the following reasons, we affirm the convictions for both counts of aggravated rape and for two counts of aggravated incest. We vacate the conviction and sentence for the remaining count of aggravated incest, render a judgment of guilty of attempted aggravated incest, and remand...

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