State v. Benoit

Defendant, Richard Justin Benoit, appeals his convictions of sexual battery (count one) and attempted aggravated incest (count two). For the reasons that follow, we affirm defendant's convictions and sentence on count one; vacate defendant's sentence on count two and remand for resentencing on count two.

Facts and Procedural History

Defendant was indicted by a grand jury on May 8, 2012, and charged with aggravated rape of a minor, L.B.,1 under the age of thirteen, in violation of La. R.S. 14:42(4)2 (count one) and with aggravated incest of L.B, in violation of La. R.S. 14:78.13 (count two).4…