STATE v. FRUGE

No. 13-1386.

139 So.3d 602 (2014)

STATE of Louisiana v. Toby James FRUGE.

Court of Appeal of Louisiana, Third Circuit.

May 7, 2014.


Attorney(s) appearing for the Case

Michael Harson , District Attorney — 15th Judicial District, William Thomas Babin , Assistant District Attorney — 15th Judicial District, Lafayette, LA, for Plaintiff/Appellee, State of Louisiana.

Edward John Marquet , Louisiana Appellate Project, Lafayette, LA, for Defendant/Appellant, Toby James Fruge.

Toby James Fruge, Cottonport, LA, pro se.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JAMES T. GENOVESE, and JOHN E. CONERY, Judges.


THIBODEAUX, Chief Judge.

The defendant, Toby James Fruge, appeals as excessive the sentences imposed by the trial court for a forcible rape conviction and a simple rape conviction. We affirm the thirty-year sentence for forcible rape; however, we find that the record does not support the twenty-five year sentence for simple rape, which we vacate and remand to the trial court for resentencing.

I.

ISSUES

We must decide:

(1...

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