Opinion
No. 60669.
March 15, 1978.
Appeal from 24th Judicial District Court, Parish of Jefferson; Frank V. Zaccaria, Judge.
A. J. Boudreaux, Staff Appeals Counsel, Indigent Defender Board, 24th Judicial District, New Orleans, for defendant-appellant.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Abbott J. Reeves, Director, Research and Appeals Division, Roy F. Blondeau, Jr., Asst. Dist. Atty., Metairie, for plaintiff-appellee.
Defendant's conviction is affirmed, but the death penalty imposed is annulled and set aside, and the case is remanded to the district court with instructions to sentence the defendant to life imprisonment at hard labor without benefit of probation, parole or suspension of sentence for a period of twenty years. Roberts v. Louisiana, 428 U.S. 325, 96 S.Ct. 3001, 49 L.Ed.2d 974 (1976); State v. Jenkins, 340 So.2d 157 (La. 1976).
TATE and DENNIS, JJ., dissent: See State v. Gilmore, 332 So.2d 789 (La. 1976).