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STATE v. IBURG

No. 12-401.

101 So.3d 614 (2012)

STATE of Louisiana v. David IBURG a/k/a David Ralph Saracino.

Court of Appeal of Louisiana, Third Circuit.

November 7, 2012.

Attorney(s) appearing for the Case

Edward K. Bauman , Louisiana Appellate Project, Lake Charles, LA, for Defendant/Appellant David Iburg a/k/a David Ralph Saracino.

John F. Derosier , District Attorney, Karen C. McLellan , Assistant District Attorney, Lake Charles, LA, for Appellee State of Louisiana.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, SYLVIA R. COOKS and ELIZABETH A. PICKETT, Judges.

COOKS, Judge.

FACTS AND PROCEDURAL HISTORY

On March 17, 2005, Defendant, David Iburg a/k/a David Ralph Saracino, was indicted by a grand jury with aggravated rape and sexual battery, violations of La. R.S. 14:42 and 14:43.1 respectively. It was alleged over an approximate three-week period in 2004, Defendant performed acts of oral sex upon the then four-year-old victim, K.W.

A sanity hearing was held on February 4, 2009, and Defendant was found competent...

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