STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 0645

VERSUS

CONNIE CHARTIN AUGUST 16, 2021

In Re: Connie Chartin, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 582533.

BEFORE: McDONALD, LANIER, AND WOLFE, JJ.

WRIT GRANTED. Relator' s conviction of disturbing the peace was not a responsive verdict to the charge of simple battery, and it is not considered a lesser included offense. See La. Code Crim. P. arts. 814 and 815. We, therefore, modify relator' s conviction of disturbing the peace to the lesser included offense of simple assault, vacate the sentence, and remand for resentencing. See La. Code Crim. P. art. 821( E); see also State v. Nazar, 96- 0175 ( La. App. 4th Cir. 5/ 22/ 96), 675 So. 2d 780.

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COURT OF APPEAL, FIRST CIRCUIT x

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