Opinion
2022-K-00258
05-03-2022
STATE OF LOUISIANA v. PERNELL ANTONIO WASHINGTON
IN RE: State of Louisiana - Applicant Plaintiff; Applying For Writ Of Certiorari, Parish of Caddo, 1st Judicial District Court Number(s) 358, 795, Court of Appeal, Second Circuit, Number(s) 54, 064-KA;
Writ application granted. See per curiam.
JLW
SJC
JTG
WJC
JBM
Hughes, J., dissents.
Griffin, J., dissents.
On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Caddo
PER CURIAM.
Writ granted. The court of appeal erred in finding Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176 L.Ed.2d 825 (2010), applicable where victim testimony established the defendant raped her at a time when the defendant was clearly beyond the age of majority. If the factfinder is presented with sufficient evidence that an offender committed acts at a certain age, a defendant can be sentenced in accordance with that age. See State v. Kiger, 13-0069, p. 15 (La.App. 5 Cir. 10/30/13), 128 So.3d 552, 560 (evidence submitted that defendant raped victim multiple times continuing into his adulthood thus jury inherently found aggravated rape was committed when defendant was an adult); United States v. McClaren, 13 F.4th 386, 408 (5th Cir. 2021) (defendant may be tried and sentenced as an adult on charges of conspiracy where government shows defendant ratified his involvement after reaching the age of majority). Accordingly, the court of appeal is reversed in part, and the sentence imposed by the trial court - life imprisonment without the benefit of parole, probation, or suspension of sentence - for the defendant's aggravated rape of L.W. is reinstated.
REVERSED IN PART; SENTENCE REINSTATED