State v. Alberto

GOTHARD, Judge.

Luis Aníbal Alberto, alias Alberto L. Ani*872bal,1 was indicted by the Grand Jury of Jefferson Parish for one count of aggravated rape, LSA-R.S. 14:42, and one count of aggravated burglary, LSA-R.S. 14:60. The defendant pled not guilty and the matter was tried by jury on November 18, 19, and 20, 1987. In an eleven to one verdict, the jury found him guilty of forcible rape and guilty of aggravated burglary.

Having denied the defendant’s motion for new trial, the judge held a sentencing hearing on February 17, 1988, at the conclusion of which he referred to the presen-tencing…