Opinion
No. 60798.
February 17, 1978.
APPEAL FROM 24TH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON; FRANK V. ZACCARIA, JUDGE.
A. J. Boudreaux, Staff Appeals Atty., 24th Judicial Dist., Indigent Defender Bd., 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, Asst. Dist. Atty., for Plaintiff-appellee.
On July 9, 1970 Vernon Barley Renfro, Jr., was indicted by the grand jury for the Parish of Jefferson for the murder of Robert Lee Maricle in violation of La.R.S. 14:30. After trial by jury, he was found guilty of manslaughter and was sentenced to serve twenty-one (21) years at hard labor. Defendant appealed his conviction and sentence to this court which on April 10, 1973, annulled and set aside his sentence and remanded the case to the trial court for resentencing of defendant in accordance with law. Subsequently, defendant was sentenced to serve twenty-one (21) years at hard labor with credit given toward service of his sentence for time spent in actual custody prior to the imposition of sentence. On March, 1, 1977, he was granted an out of time appeal. Defendant relies on three assignments of error for reversal of his conviction and sentence.
277 So.2d 655 (La. 1973).
We have reviewed the record and find no merit to defendant's assignments of error. Accordingly, we affirm his conviction and sentence.
DECREE
The conviction and sentence are affirmed.
DENNIS, J., dissents and assigns reasons.
The prosecuting attorney unlawfully cross-examined the defendant as to the details of a prior unrelated offense, La.R.S. 15:495, and improperly expressed his opinion that the defendant was "a cool calculated killer" during closing arguments. La.C.Cr.P. art. 774.
I respectfully dissent.