Louisiana Court of Appeal September 16, 1987, No. CR87-100 (State v. Tezano)

KNOLL, Judge.

On January 29, 1985, the victim was asleep when an assailant broke into her house, woke her up, and after overcoming her resistance, raped her. Approximately two weeks after the incident, the victim identified her assailant as defendant, Carl M. Tezano, in a photographic lineup.

Defendant was charged by indictment with aggravated rape, a violation of LSA-R.S. 14:42.