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STATE v. HIGGINBOTHAM

No. 46,975-KA.

122 So.3d 1 (2012)

STATE of Louisiana, Appellee v. Bobby D. HIGGINBOTHAM, Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Granted May 10, 2012.

Opinion on Rehearing June 22, 2012.

Attorney(s) appearing for the Case

Rachel I. Conner , New Orleans, LA, Harry Daniels, III , for Appellant.

Bobby D. Higginbotham, Pro Se.

James E. Paxton , District Attorney, Linda K. Watson , Anita T. Mack , Damon D. Kervin , Assistant District Attorneys, for Appellee.

Before BROWN, WILLIAMS, and CARAWAY, JJ.

CARAWAY, J.

On May 19, 2010, a six-person Tensas Parish jury convicted Bobby Higginbotham of malfeasance in office and felony theft for his actions as mayor of the Town of Waterproof. La. R.S. 14:134 and 14:67. During a lengthy recess of the trial and after the full presentation of the state's case on three charges contained in the indictment, a partial mistrial was granted on the charge of public contract fraud, a violation of La. R.S. 14:140. Higginbotham received...

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