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STATE v. THOMAS

No. KA 08-1280.

7 So.3d 802 (2009)

STATE of Louisiana v. Patrick THOMAS.

Court of Appeal of Louisiana, Third Circuit.

April 1, 2009.

Attorney(s) appearing for the Case

James Edward Beal, LA. Appellate Project, Jonesboro, LA, for Defendant/Appellant, Patrick Thomas.

Earl B. Taylor, District Attorney, Opelousas, LA, for Plaintiff/Appellee, State of Louisiana.

Jennifer Ardoin, Assistant District Attorney, Opelousas, LA, for Plaintiff/Appellee, State of Louisiana.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, J. DAVID PAINTER, and SHANNON J. GREMILLION, Judges.

GREMILLION, Judge.

The Defendant, Patrick Thomas, was charged by bill of information filed on April 10, 2006, with aggravated battery, a violation of La.R.S. 14:34. After a jury trial, Defendant was found guilty of second degree battery. Defendant was sentenced on July 10, 2008 to five years at hard labor. Defendant is now before this court asserting that his sentence is excessive. For the following reasons, we affirm.

FACTS

On the night of September...

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