State v. Livings

GUIDRY, Judge.

Defendant, Etta Pearl Livings, was charged with and unanimously found guilty by a six person jury of the second-degree battery of Mrs. Pearl Daigle in violation of La.R.S. 14:34.1. On November 30, 1984, she was sentenced to five (5) years at hard labor. The sentence was suspended, and the defendant was placed on five (5) years active suspended probation with the special condition of serving two (2) years in jail. Defendant appeals from her conviction and sentence.

PACTS

On May 20, 1983, the defendant and another nurses’ aide, Ms. Tyler, entered the victim’s room at the Opelousas…