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State v. McGhee

SUPREME COURT OF LOUISIANA
Sep 21, 2018
252 So. 3d 895 (La. 2018)

Opinion

No. 2017-KO-1951

09-21-2018

STATE of Louisiana v. Chadwick MCGHEE


ON WRIT OF CERTIORARI TO THE THIRD CIRCUIT COURT OF APPEAL, PARISH OF AVOYELLES

PER CURIAM:

Writ granted. Defendant, charged with second degree kidnapping, was found guilty of simple kidnapping. This court determined in State v. Price , 17-K-0520 (La. 6/27/18), 250 So.3d 230, that guilty of simple kidnapping is not responsive to a charge of second degree kidnapping. In addition, the return of a nonresponsive verdict constitutes an error patent reviewable even in the absence of a defense objection. La.C.Cr.P. 920 ; State v. Mayeux , 498 So.2d 701, 703 (La. 1986) ; State v. Thibodeaux , 380 So.2d 59 (La. 1980) ; State v. Vincent , 387 So.2d 1097 (La. 1980). Therefore, we grant the application to remand to the court of appeal to reconsider its affirmance of defendant's conviction in light of State v. Price .

REMANDED

Hughes, J., concurring.

I concur. In Price , because the jury's return of the non-responsive verdict was an implicit acquittal of the crime charged, we remanded to enter a post-verdict judgment of acquittal.


Summaries of

State v. McGhee

SUPREME COURT OF LOUISIANA
Sep 21, 2018
252 So. 3d 895 (La. 2018)
Case details for

State v. McGhee

Case Details

Full title:STATE OF LOUISIANA v. CHADWICK MCGHEE

Court:SUPREME COURT OF LOUISIANA

Date published: Sep 21, 2018

Citations

252 So. 3d 895 (La. 2018)

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