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abuse Acts admissibility of evidence aggravated burglary aggravated kidnapping aggravated rape alleged amendment attempted benefit charge child circumstances committed conduct Consecutive consent considered constitute conviction counsel counts crime criminal dant death penalty defendant defendant's dence discretion effect elements error establish excessive fact finding force forcible rape granted guilty hard labor harm identification imposed imprisonment included indictment instructions intent involving jury La.App lesser Louisiana maximum ment motion nature Note occurred offense officer oral parole person photographs physical plea police present prior probation procedure proof properly prosecution prosecution for aggravated prove question reasonable record References relevant resisting responsive reversed Review S.Ct sentence and punishment sexual battery statement statute statutory sufficiency of evidence sustain testified testimony tests threatened threats tion trial court verdict victim victim's testimony WESTLAW witness writ denied