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STATE v. SMITH

No. 09-KA-769.

38 So.3d 894 (2010)

STATE of Louisiana v. Kenneth SMITH.

Court of Appeal of Louisiana, Fifth Circuit.

March 9, 2010.

Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Desiree M. Valenti, Assistant District Attorneys, Gretna, LA, for the Plaintiff/Appellee.

Frederick J. Kroenke, Jr., Attorney at Law, Louisiana Appellate Project, Baton Rouge, LA, for the Defendant/Appellant.

Panel composed of Judges CLARENCE E. McMANUS, FREDERICKA HOMBERG WICKER, and MARC E. JOHNSON.

MARC E. JOHNSON, Judge.

This is defendant's second appeal from his conviction for forcible rape. For the following reasons, we affirm.

Defendant was indicted by a grand jury on July 14, 2005 and charged with aggravated rape of a male juvenile in violation of LSA-R.S. 14:42. The indictment was later amended to charge defendant with forcible rape in violation of LSA-R.S. 14:42.1. Defendant pled guilty to the amended charge

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