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STATE v. WARE

No. 11-337.

80 So.3d 593 (2011)

STATE of Louisiana v. Russell Gene WARE, Jr.

Court of Appeal of Louisiana, Third Circuit.

November 23, 2011.

Attorney(s) appearing for the Case

G. Paul Marx , Louisiana Appellate Project, Lafayette, LA, for Defendant/Appellant, Russell Gene Ware, Jr.

Russell Gene Ware, Jr. , Louisiana State Penitentiary, Angola, LA, Pro Se Litigant.

James C. Downs , District Attorney, Monique Y. Metoyer , Assistant District Attorney, Ninth Judicial District Court, Parish of Rapides, Alexandria, LA, for Appellee, State of Louisiana.

Court composed of SYLVIA R. COOKS, JAMES T. GENOVESE, and PHYLLIS M. KEATY, Judges.

COOKS, Judge.

FACTS AND PROCEDURAL HISTORY

In December 2007, Defendant, Russell Gene Ware, Jr., allegedly engaged in sexual intercourse with his live-in girlfriend's daughter, M.H., who was eleven years old at the time. On that morning, after her mother had gone to work, Defendant took the victim from her bedroom and put her into the bed he shared with her mother. He undressed her and inserted his penis into her vagina. In February 2008, while her mother...

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