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STATE v. HERNANDEZ

No. 11-KA-996.

96 So.3d 505 (2012)

STATE of Louisiana v. Carlos HERNANDEZ.

Court of Appeal of Louisiana, Fifth Circuit.

May 8, 2012.

Attorney(s) appearing for the Case

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

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

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY, and MARC E. JOHNSON.

MARC E. JOHNSON, Judge.

Defendant, Carlos Hernandez, appeals his aggravated battery conviction. For the reasons that follow, we affirm.

Defendant was charged in a bill of information with second degree battery in violation of La. R.S. 14:34.1 to which he pled not guilty. He proceeded to trial on June 22, 2011. On the morning of trial, the State amended the bill of information to charge defendant with aggravated battery in violation of La. R.S. 14:34, instead...

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