A habitual offender hearing was held on January 15, 2003, at which time the State advised that it was proceeding only on the Defendant's prior conviction for second degree battery. The Defendant filed a written response claiming the predicate pleas were based on defective Boykins. Thereafter, on November 14, 2002, the State filed a habitual offender bill of information alleging that the Defendant was a forth felony offender, based on a 1984 conviction for possession with intent to distribute Quaaludes and a 1989 conviction for second degree battery. After a two day trial, the Defendant was found guilty as charged on both counts. The Defendant proceeded to trial on Jbefore a six person jury. He pled not guilty and filed several pretrial motions. The Defendant was charged by a bill of information on Jwith two counts of indecent behavior with a juvenile, a violation of La. For the reasons which follow, we affirm and remand. The Defendant, Douglas Hotard, appeals from his convictions of two counts of indecent behavior with a juvenile and his concurrent sentences of eight and one-half years in prison. Brignac, Assistant District Attorney, LaPlace, LA, for Appellee. Panel composed of Judges SOL GOTHARD, JAMES L. Court of Appeal of Louisiana,Fifth Circuit.
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