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STATE v. BOITEUX

No. 11-KA-191.

81 So.3d 123 (2011)

STATE of Louisiana v. Jean U. BOITEUX.

Court of Appeal of Louisiana, Fifth Circuit.

December 13, 2011.

Attorney(s) appearing for the Case

Paul D. Connick, Jr. , District Attorney, Terry M. Boudreaux , Gail D. Schlosser , Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellee.

Bruce G. Whittaker , Attorney at Law, Louisiana Appellate Project, New Orleans, LA, for Defendant/Appellant.

Panel composed of Judges FREDERICKA HOMBERG WICKER, JUDE G. GRAVOIS, and MARC E. JOHNSON.

FREDERICKA HOMBERG WICKER, Judge.

This is Jean U. Boiteux, defendant/appellant's, second appeal. In his first appeal, Mr. Boiteux's conviction and five-year hard labor sentence for second degree battery, La.R.S. 14:34.1, were affirmed. State v. Boiteux, 10-1017 (La.App. 5 Cir. 8/30/11), 74 So.3d 731. Mr. Boiteux now appeals his enhanced nine-year hard labor sentence without benefit of probation or suspension of sentence....

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