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STATE v. ABBOTT

No. 11-KA-1162.

97 So.3d 1066 (2012)

STATE of Louisiana v. Perry ABBOTT.

Court of Appeal of Louisiana, Fifth Circuit.

May 31, 2012.

Attorney(s) appearing for the Case

Paul D. Connick, Jr. , District Attorney, Terry M. Boudreaux , Andrea F. Long , Ernest C. Chen , Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellee.

Prentice L. White , Attorney at Law, Louisiana Appellate Project, Baton Rouge, LA, for Defendant/Appellant.

Panel composed of Judges MARION F. EDWARDS, FREDERICKA HOMBERG WICKER, and MARC E. JOHNSON.

MARC E. JOHNSON, Judge.

Defendant, Perry Abbott, appeals his conviction and sentence for second degree battery. For the reasons that follow, we conditionally affirm his conviction and sentence and remand the matter for an evidentiary hearing to determine if defendant validly waived his right to a jury trial.

Defendant was charged in a bill of information on August 11, 2010 with second degree battery in violation of La. R.S. 14:34.1. He initially pled not guilty...

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