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371 So. 2d 1164

Docket No. 63865.

State v. Batiste

STATE of Louisiana v. Alton J. BATISTE.

Supreme Court of Louisiana

Decided May 30, 1979.

Supreme Court of Louisiana · decided 1979-05-30

Cited by 2 later decisions — most recently June 2009

2 state decisions

Key passage — most relied on by later courts

“We find, however, an error patent in the sentence imposed. At the time the offense was committed (1970), death was the statutory penalty for rape. The jury was authorized to return a verdict of either guilty, guilty without capital punishment, guilty of attempted aggravated rape, guilty of simple rape, or not guilty. La.C.Cr.P. art. 814 (1950). The defendant was not tried until 1973, however, after the Supreme Court had declared unconstitutional the procedure by which the death penalty was imposed in Louisiana. Furman v. Georgia, 408 U.S. 238 , 92 S.Ct. 2726 , 33 L.Ed.2d 346 (1972). In the defendant's case the jury returned a verdict of guilty as charged. As the death penalty could not be imposed, the proper sentence is life imprisonment. State v. Quinn, 288 So.2d 605 (La.1974); State v. Franklin, 263 La. 344 , 268 So.2d 249 (1972). We note that this will restore to the defendant the possibility of parole, probation, suspension or commutation of sentence.”

quoted by 2 later decisions, including 10 So. 3d 896 - State v. GRH, 6 So. 3d 982 - State v. Breaux

Relies on Furman v. Georgia · State v. Franklin · State v. Quinn

Good law ✅— No negative treatment on recordhow we know

Decided 1979-05-30

View the full empirical analysis of this case →

¶1Allen R. Ingram, Lafayette, for defendant-appellant.

¶2William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Nathan Stansbury, Dist. Atty., Byron P. Legendre, Asst. Dist. Atty., for plaintiff-appellee.

¶3PER CURIAM.

¶4Defendant was convicted of aggravated rape, La.R.S. 14:42 (1942), and was sentenced to life imprisonment at hard labor, without benefit of parole, probation, suspension *1165 or commutation of sentence. We have reviewed the assignments of error presented on his behalf, and find them to be without merit.

¶5We find, however, an error patent in the sentence imposed. At the time the offense was committed (1970), death was the statutory penalty for rape. The jury was authorized to return a verdict of either guilty, guilty without capital punishment, guilty of attempted aggravated rape, guilty of simple rape, or not guilty. La.C.Cr.P. art. 814 (1950). The defendant was not tried until 1973, however, after the Supreme Court had declared unconstitutional the procedure by which the death penalty was imposed in Louisiana. Furman v. Georgia,408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972). In the defendant's case the jury returned a verdict of guilty as charged. As the death penalty could not be imposed, the proper sentence is life imprisonment. State v. Quinn,288 So.2d 605 (La.1974); State v. Franklin,263 La. 344, 268 So.2d 249 (1972). We note that this will restore to the defendant the possibility of parole, probation, suspension or commutation of sentence.

¶6Accordingly, the defendant's conviction is affirmed, but the sentence is vacated and the case remanded to the trial court for resentencing.

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