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STATE v. GARCIA

No. 10-KA-755.

66 So.3d 24 (2011)

STATE of Louisiana v. Peter F. GARCIA, Jr.

Court of Appeal of Louisiana, Fifth Circuit.

May 10, 2011.

Attorney(s) appearing for the Case

Paul D. Connick, Jr. , District Attorney, Terry M. Boudreaux , Anne Wallis , Jacquelyn F. Maloney , Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellee.

Mary E. Roper , Attorney at Law, Baton Rouge, LA, for Defendant/Appellant.

Panel composed of Judges CLARENCE E. McMANUS, WALTER J. ROTHSCHILD, and FREDERICKA HOMBERG WICKER.

FREDERICKA HOMBERG WICKER, Judge.

Defendant/appellant, Mr. Peter Garcia, appeals his convictions and sentences for attempted first degree murder and attempted armed robbery arguing that the state's action in filing a bill of information charging him with the two offenses subjected him to double jeopardy. He argues that his conviction and sentence for attempted armed robbery, the less severely punishable offense, should be vacated. We agree. Finding a double jeopardy...

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