MOORE, J.
A grand jury indicted the defendant, Franklin C. Redfearn, for aggravated rape (La. R.S. 14:42) and aggravated incest (La. R.S. 14:78.1). After trial, the jury returned a responsive verdict to the rape charge of guilty of sexual battery (La. R.S. 14:43.1) and a guilty verdict on the aggravated incest charge. The court sentenced Redfearn to concurrent terms of 40 years for sexual battery, including 30 years without benefits and 25 years without benefits for...
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