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STATE v. BATISTE

No. KA 09-521.

25 So.3d 981 (2009)

STATE of Louisiana v. David Markale BATISTE a/k/a/ David M. Batiste.

Court of Appeal of Louisiana, Third Circuit.

December 9, 2009.

Attorney(s) appearing for the Case

Michael Harson, District Attorney, Fifteenth Judicial District Court, Patick D. Magee, Assistant District Attorney, Fifteenth Judicial District Court, Patrick D. Magee, Voorhies & Labbe, Lafayette, LA, for Plaintiff/Appellee, State of Louisiana.

Elbert Lee Guillory, Opelousas, LA, for Defendant/Appellant, David Markale Batiste.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, OSWALD A. DECUIR, and BILLY HOWARD EZELL, Judges.

EZELL, Judge.

Although the Lafayette Parish Grand Jury originally indicted Defendant, David Markale Batiste a/k/a David M. Batiste, with first degree murder, the State amended the charge to one count of second degree murder. In accordance with a plea agreement, Defendant pled guilty to the further-amended charge of manslaughter, in violation of La. R.S. 14:31, on June 20, 2008.

On November 10, 2008, the sentencing court ordered Defendant to serve thirty-five...

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