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385 So. 2d 782

State v. Sermon

Supreme Court of Louisiana

Decided April 16, 1980

Supreme Court of Louisiana · decided 1980-04-16

Relies on State v. Procell

Decided 1980-04-16

¶1In re Danny G. Sermon, applying for writs of certiorari, prohibition, mandamus and stay order. Parish of Calcasieu. No. 10,318-77.

¶2Granted. State v. Procell, La., 365 So.2d 484, does not require a bifurcated trial if the prosecution does not seek the death penalty. Since the state and defense have agreed the death penalty will not be sought, the defendant can only receive a sentence of life imprisonment without benefit of probation, parole or suspension of sentence. Remanded for further proceedings.

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