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STATE v. SAMPOGNARO

No. 09-KA-671.

39 So.3d 632 (2010)

STATE of Louisiana v. David SAMPOGNARO.

Court of Appeal of Louisiana, Fifth Circuit.

March 23, 2010.

Attorney(s) appearing for the Case

Harry J. Morel, Jr., District Attorney, Kim McElwee, Assistant District Attorney, Twenty-Ninth Judicial District, Parish of St. Charles, State of Louisiana, Hahnville, Louisiana, for Plaintiff/Appellee.

Martin E. Regan, Jr., Cate L. Bartholomew, Martin E. Regan, Jr. & Assoc., P.L.C., New Orleans, Louisiana, for Defendant/Appellant.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and FREDERICKA HOMBERG WICKER.

MARION F. EDWARDS, Judge.

Defendant/appellant, David Sampognaro ("Sampognaro"), appeals his sentence for one count of attempted possession of child pornography, a violation of LSA-R.S. 14:27 and 14:81.1. Following a plea of nolo contendre, he was sentenced to five years in the Department of Corrections, which was suspended in favor of five years of active probation with special conditions.

Sampognaro's first appeal1 was dismissed...

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