State v. Banks

MARION F. EDWARDS, JUDGE PRO TEMPORE, JUDGE

Defendant, Brian Banks, appeals his conviction and sentence on a charge of aggravated rape of a child under the age of thirteen in violation La. R.S. 14:42.1 We affirm the conviction and sentence and remand with instructions.

Banks was charged by grand jury indictment with the crime of aggravated rape of *1242a child under the age of thirteen on November 12, 2015. He pled not guilty and in due course was tried by a jury. On September 1, 2016, the trial ended in a deadlocked jury and a mistrial. The matter was set for re-trial on September 26, 2016. Banks…