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STATE v. ROSS

No. 09-KA-431.

28 So.3d 475 (2009)

STATE of Louisiana v. Samuel ROSS.

Court of Appeal of Louisiana, Fifth Circuit.

November 24, 2009.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, 24th Judicial District, Parish of Jefferson, State of Louisiana, Terry M. Boudreaux, Thomas J. Butler, Assistant District Attorneys, Appellate Counsel, Amanda Calogero, Assistant District Attorney, Trial Counsel, Gretna, LA, for Plaintiff/Appellee, the State of Louisiana.

Holli A. Herrle-Castillo, Louisiana Appellate Project, Attorney at Law, Marrero, LA, for Defendant/Appellant, Samuel Ross.

Panel composed of Judges SUSAN M. CHEHARDY, CLARENCE E. McMANUS, and MARC E. JOHNSON.

SUSAN M. CHEHARDY, Judge.

Samuel Ross appeals his convictions on two counts of indecent behavior with a juvenile and his sentences of ten years on each count. We affirm the convictions, but vacate the sentences and remand for resentencing.

On July 29, 2005, Samuel Ross was charged by bill of information with two counts of violation of La. R.S. 14:81, indecent behavior with a juvenile, occurring on or between March 1 and July 18, 2005. At arraignment Defendant...

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