KA-0019-0060 Nonprecedential Reversed and remanded Processed

State of Louisiana v. David Javon Arceneaux AKA David Arceneaux

Louisiana Court of Appeal, Third Circuit · Filed July 29, 2020

Also decided on this docket: La. Ct. App. 3d Cir., December 18, 2019; La. Ct. App. 3d Cir., October 9, 2019

Opinion text

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

19-60

STATE OF LOUISIANA

VERSUS

DAVID JAVON ARCENEAUX
AKA DAVID ARCENEAUX

**********

ON REMAND

**********

APPEAL FROM THE
SIXTEENTH JUDICIAL DISTRICT COURT
PARISH OF IBERIA, NO. 17-240
HONORABLE CURTIS SIGUR, DISTRICT JUDGE

**********

PER CURIAM

**********

Court composed of Elizabeth A. Pickett, D. Kent Savoie, and Candyce G. Perret,
Judges.

REVERSED AND REMANDED.

Alfred F. Boustany, II
Boustany Law Firm
P. O. Box 4626
Lafayette, LA 70502
(337) 261-0225
COUNSEL FOR DEFENDANT-APPELLANT:
David Javon Arceneaux

p. 2

M. Bofill Duhe
District Attorney, Sixteenth Judicial District
W. Claire Howington
Assistant District Attorney
300 Iberia St., Suite 200
New Iberia, LA 70560
(337) 369-4420
COUNSEL FOR APPELLEE:
State of Louisiana

Jeffrey M. Landry
Attorney General
Colin Clark
Chief of the Criminal Appellate Section
J. Taylor Gray
Assistant Attorney General
P. O. Box 94005
Baton Rouge, LA 70804
(225) 326-6200
COUNSEL FOR OTHER APPELLEE:
State of Louisiana Department of Justice

p. 3

PER CURIAM.

The defendant was found guilty of three counts of attempted manslaughter,

one count of attempted armed robbery, and one count of distribution of marijuana

by a non-unanimous jury verdict. This court affirmed his conviction on

appeal. State v. Arceneaux, 19-60 (La.App. 3 Cir. 10/9/19)(unpublished

opinion). The defendant filed a writ of certiorari in the Louisiana Supreme

Court. While that application was pending, the United States Supreme Court

issued an opinion finding non-unanimous jury verdicts violative of the Sixth

Amendment to the United States Constitution, and that prohibition applies to the

states by incorporation of the Fourteenth Amendment. Ramos v. Louisiana, 509

U.S. ___, 140 S.Ct. 1390 (2020). The Louisiana Supreme Court remanded the

matter to this court to reconsider our opinion in light of Ramos. State v. Arceneaux,

20-125 (La. 6/3/20), ___ So.3d ___.

As a result of the clear holding in Ramos, we find the defendant’s

convictions must be reversed. The case is remanded to the district court for a new

trial.

REVERSED AND REMANDED.

This opinion is NOT DESIGNATED FOR PUBLICATION.
Uniform Rules−Courts of Appeal, Rule 2−16.3.

p. 4