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STATE v. MALLOY

No. CR01-1118.

815 So.2d 940 (2002)

STATE of Louisiana v. Brett MALLOY.

Court of Appeal of Louisiana, Third Circuit.

February 6, 2002.

Attorney(s) appearing for the Case

Hon. David W. Burton, District Attorney, Thirty-sixth Judicial District Court, DeRidder, LA, Counsel for State/Appellee: State of Louisiana.

Carey J. Ellis, III, Louisiana Appellate Project, Rayville, LA, Counsel for: Brett Malloy.

Court composed of SYLVIA R. COOKS, BILLIE COLOMBARO WOODARD, and MICHAEL G. SULLIVAN, Judges.

WOODARD, Judge.

On August 19, 2000, the Defendant, Mr. Brett Malloy, engaged in non-consensual sexual intercourse with A.C., his seven-year-old stepdaughter. The State charged him with aggravated rape, a violation of La.R.S. 14:42, and aggravated oral sexual battery, a violation of La.R.S. 14:43.4. A Beauregard Parish grand jury indicted him for the crimes. On April 9, 2001, he entered into a plea agreement in which he agreed...

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