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STATE v. DAVIS

No. 08-KA-165.

993 So.2d 295 (2008)

STATE of Louisiana v. Byron L. DAVIS.

Court of Appeal of Louisiana, Fifth Circuit.

July 29, 2008.

Attorney(s) appearing for the Case

Paul D. Connick Jr., District Attorney, Twenty-Fourth Judicial District, Parish of Jefferson, Terry M. Boudreaux, Anne Wallis, Thomas Block, Albert Winters, Assistant District Attorneys, Gretna, Louisiana, for Plaintiff/Appellee.

Bruce G. Whittaker, Attorney at Law, New Orleans, Louisiana, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., CLARENCE E. McMANUS, and WALTER J. ROTHSCHILD.

WALTER J. ROTHSCHILD, Judge.

This is defendant's second appeal.

In State v. Davis, 05-987, pp. 2-3, 8 (La.App. 5 Cir. 5/9/06), 930 So.2d 1099, 1100, 1103-04, defendant's first appeal, this Court discussed this case in pertinent part:

[T]he Jefferson Parish Grand Jury indicted the Defendant with the second degree murder of Kemmione Lee ... in violation of La. R.S. 14:30.1. The Defendant was arraigned ... and...

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