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STATE v. EALY

No. 44,252-KA.

12 So.3d 1052 (2009)

STATE of Louisiana, Appellee v. Howell EALY, Appellant.

Court of Appeal of Louisiana, Second Circuit.

May 13, 2009.

Attorney(s) appearing for the Case

Louisiana Appellate Project by Edward K. Bauman, Lake Charles, for Appellant.

Howell Ealy In Proper Person.

Paul J. Carmouche, District Attorney, Bennett Langford, III, John Ford McWilliams, Jr., Suzanne M. Owen, Assistant District Attorneys, for Appellee.

Before WILLIAMS, MOORE and LOLLEY, JJ.

MOORE, J.

Howell Ealy was convicted of aggravated battery, adjudicated a fourth felony offender and sentenced to 40 years at hard labor without benefits and with a fine. He now appeals, contesting his conviction and sentence. For the reasons expressed, we affirm the conviction and multiple offender adjudication. On error patent review, we amend the sentence to delete the fine, but otherwise affirm the sentence.

Factual and Procedural Background

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