State Of Louisiana v. Pernell Antonio Washington

Supreme Court of Louisiana
May 03, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
PERNELL ANTONIO WASHINGTON
No. 2022-K-00258
_ _
_ _ _ _
I
N 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;
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May 03, 2022
Writ application granted. See per curiam.
Hughes, J., dissents.
Griffin, J., dissents.
JLW
SJC
JTG
WJC
JBM
05/03/2022 "See News Release 020 for any Concurrences and/or Dissents."

S
UPREME COURT OF LOUISIANA
No
. 2022-K-00258
S
TATE OF LOUISIANA
VS.
PERNELL ANTONIO WASHINGTON
O
n Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Caddo
PE
R CURIAM
W
rit 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 time s
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 (5
th 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
05/03/22