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STATE v. TOLLIVER

No. 08-1486.

11 So.3d 584 (2009)

STATE of Louisiana v. Rodney J. TOLLIVER.

Court of Appeal of Louisiana, Third Circuit.

May 13, 2009.

Attorney(s) appearing for the Case

Michael Harson, District Attorney, 15th JDC, Keith Stutes, Assistant District Attorney, Lafayette, LA, for State-Appellee, State of Louisiana.

Carey J. Ellis, III, Louisiana Appellate Project, Rayville, LA, for Defendant-Appellant, Rodney J. Tolliver.

Rodney J. Tolliver, Angola, LA, pro se.

Court composed of JOHN D. SAUNDERS, MICHAEL G. SULLIVAN, and ELIZABETH A. PICKETT, Judges.

PICKETT, Judge.

FACTS

On April 14, 1985, Yolande Landry Theriot was raped and murdered in her home.

On February 19, 2004, the Lafayette Parish Grand Jury indicted the defendant, Rodney J. Tolliver, with one count of first degree murder. Based on the defendant's age at the time of the offense, the state amended the defendant's indictment to charge him with second degree murder, in violation of La.R.S. 14:30.1.

At the conclusion of trial...

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