State Of Louisiana v. Tre'Anthony James

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 1199

VERSUS
FEB 1 8 20211
TRE' ANTHONY JAMES

In Re: State of Louisiana, applying for supervisory writs,

23rd Judicial District Court, Parish of Ascension, No.
39, 734.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT GRANTED. There are six circumstances under which a

defendant can be convicted of first degree rape. See La. R. S.
14: 42( A). Even discounting the two circumstances noted in the

district court' s ruling, the victim' s uncontroverted testimony
established he resisted the act to the utmost, but his

resistance was overcome by force. Thus, the defendant' s conduct
appears to meet at least one of the remaining circumstances for

first degree rape. Furthermore, the court failed to identify
any legal error regarding the jury verdict on count two.

Therefore, the State' s writ is granted, the ruling granting a

new trial on both counts is reversed, the convictions on both
counts are reinstated, and this case is remanded to the district
court for sentencing on both counts.

VGW
JEW

WRC

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT