State of Louisiana v. Ivan E. Goudeau

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

11-0473

STATE OF LOUISIANA

VERSUS

IVAN E. GOUDEAU

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FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 20122-09
HONORABLE G. MICHAEL CANADAY, DISTRICT
JUDGE

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JIMMIE C. PETERS
JUDGE

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Court composed of John D. Saunders, Jimmie C. Peters, and Marc T. Amy, Judges.

AFFIRMED.

John F. DeRosier
District Attorney
Karen C. McLellan
Assistant District Attorney
Fourteenth Judicial District
1020 Ryan Street
Lake Charles, LA 70601
(337) 437-3400
COUNSEL FOR APPELLEE:
State of Louisiana

Carey J. Ellis, III
Louisiana Appellate Project
P. O. Box 719
Rayville, LA 71269
(318) 728-2043
COUNSEL FOR DEFENDANT/APPELLANT:
Ivan E. Goudeau

PETERS, J.,

A jury convicted the defendant, Ivan E. Goudeau, of aggravated rape, a

violation of La.R.S. 14:42, and attempted second degree murder, a violation of

La.R.S. 14:27 and La.R.S. 14:30.1. The trial court subsequently sentenced the

defendant to life imprisonment for the aggravated rape conviction and to fifty years

for the attempted second degree murder conviction. The trial court ordered that

both sentences be served at hard labor and without the benefit of parole, probation,

or suspension of sentence. In his one assignment before this court, the defendant

asserts that the trial court erred in allowing a non-unanimous verdict for the

attempted second degree murder conviction. For the following reasons, we reject

the defendant’s assignment of error and affirm the defendant’s conviction and

sentence for the attempted second degree murder conviction.

The State of Louisiana charged the defendant with both offences by a grand

jury indictment filed on June 4, 2009. Trial on the merits began on October 5,

2010, and the jury returned guilty verdicts on both counts on October 8, 2010. The

jury verdict on the attempted second degree murder charge was not unanimous.

Instead, the jury split eleven to one in favor of conviction.

Louisiana Constitution Article I, § 17, provides that any criminal

prosecution where the punishment is necessarily confinement at hard labor shall be

tried before a jury of twelve persons, ten of whom must concur to render a verdict.

See also, La.Code Crim.P. art. 782. In this case, the verdict complies with that

constitutional and statutory mandate. Additionally, the defendant did not complain

or challenge the verdict at the trial level on the grounds of the Sixth and Fourteenth

Amendments of the United States Constitution. That being the case, we will not

consider the issue on appeal. State v. Hatton, 07-2377 (La. 7/1/08), 985 So.2d 709.

DISPOSITION

For the foregoing reasons, we affirm the defendant’s conviction for

attempted second degree murder in all respects.

AFFIRMED.

This opinion is NOT DESIGNATED FOR
PUBLICATION. Rules 2-16.2 and 2-16.3, Uniform
Rules—Courts of Appeal.

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