Summary
In State v. Dugar, 615 So.2d 1333 (La. 1993), we reduced the defendant's death sentence to life imprisonment since he was 15 years old at the time of the crime and could not be constitutionally sentenced to death under Thompson v. Oklahoma, 487 U.S. 815 (1988).
Summary of this case from State v. MitchellOpinion
No. 87-KA-1920.
April 2, 1993.
APPEAL FROM 14TH JUDICIAL DISTRICT COURT, CALCASIEU PARISH, STATE OF LOUISIANA, HONORABLE ARTHUR J. PLANCHARD, J.
Defendant's sentence of death is reduced to a term of life imprisonment at hard labor without benefit of probation, parole or suspension of sentence. The defendant was 15 years old at the time he committed this crime and the state may not constitutionally enforce his sentence of death. Thompson v. Oklahoma, 487 U.S. 815, 108 S.Ct. 2687, 101 L.Ed.2d 702 (1988); State v. Stone, 535 So.2d 362 (La. 1988). The defendant's present appeal in this Court is accordingly transferred to the Court of Appeal, Third Circuit, for consideration.
SENTENCE OF DEATH REDUCED TO LIFE IMPRISONMENT AT HARD LABOR WITHOUT BENEFIT OF PROBATION, PAROLE OR SUSPENSION OF SENTENCE: APPEAL TRANSFERRED TO THE COURT OF APPEAL, THIRD CIRCUIT.