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STATE v. RUBIO

No. 22-KA-205.

357 So.3d 413 (2022)

STATE of Louisiana v. Ivan RUBIO.

Court of Appeal of Louisiana, Fifth Circuit.

December 28, 2022.

Attorney(s) appearing for the Case

COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA, Honorable Paul D. Connick, Jr. , Metairie, Thomas J. Butler , Monique D. Nolan , Stephen Downer , Gabrielle Hosli .

COUNSEL FOR DEFENDANT/APPELLANT, IVAN RUBIO, Prentice L. White .

Panel composed of Judges Jude G. Gravois, Stephen J. Windhorst, and John J. Molaison, Jr.

Defendant Ivan Rubio was convicted of sexual battery, in violation of La. R.S. 14:43.1. On appeal, he argues that this Court should vacate his sentence of eight years' imprisonment at hard labor for this first offense and remand the matter for resentencing, because the trial court misstated important and crucial facts regarding...

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