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160 So. 3d 1108

160 So.3d 1108

2014 La.App.4Cir. 511

State v. Rivers

Louisiana Court of Appeal

Decided February 25, 2015

Louisiana Court of Appeal · decided 2015-02-25

Cited by 2 later decisions — most recently February 2016

2 state decisions

Relies on 486 So. 2d 106 - State v. Lombard

Good law ✅— No negative treatment on recordhow we know

Decided 2015-02-25

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BONIN, J.,

¶1concurs with additional reasons.

¶2|,I concur, but write to make explicit that the precise and proper question for a reviewing court to answer (which the majority opinion correctly answers) when the defendant’s claim, as here, is that he is entitled to a conviction of only the lesser, responsive verdict of manslaughter in a second degree murder prosecution is: “In reviewing defendant’s claim, [the review-*1113mg] court must determine whether a rational trier of fact, viewing the evidence in the light most favorable to the prosecution, could have found that the mitigatory factors were not established by a preponderance of the evidence.” State v. Lombard, 486 So.2d 106, 111 (La.1986).

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