No. 2017-KO-1951 Precedential Processed

State v. McGhee

Louisiana Supreme Court · Filed September 21, 2018 · 252 So. 3d 895

Cited by

State v. Ford 275 So. 3d 404 La. Ct. App. 1st Cir. 2019
State of Louisiana Versus Derrick A. Ford, Jr. La. Ct. App. 5th Cir. 2019
State of Louisiana v. Chadwick McGhee La. Ct. App. 3d Cir. 2019
State of Louisiana v. Chadwick McGhee La. Ct. App. 3d Cir. 2019
State v. McGhee 265 So. 3d 819 La. Ct. App. 1st Cir. 2019
State v. Robinson 259 So. 3d 1244 La. Ct. App. 2d Cir. 2018

Authorities cited

Identified automatically; this list may not be exhaustive.

State of Louisiana v. Jubbard Price 250 So. 3d 230
State v. Mayeux 498 So. 2d 701
State v. Thibodeaux 380 So. 2d 59
State v. Vincent 387 So. 2d 1097

Opinion text

PER CURIAM: Writ granted. Defendant, charged with second degree kidnapping, was found guilty of simple kidnapping. This court determined in State v. Price , 17-K-0520 (La. 6/27/18), 250 So.3d 230 , that guilty of simple kidnapping is not responsive to a charge of second degree kidnapping. In addition, the return of a nonresponsive verdict constitutes an error patent reviewable even in the absence of a defense objection. La.C.Cr.P. 920 ; State v. Mayeux , 498 So.2d 701 , 703 (La. 1986) ; State v. Thibodeaux , 380 So.2d 59 (La. 1980) ; State v. Vincent , 387 So.2d 1097 (La. 1980). Therefore, we grant the application to remand to the court of appeal to reconsider its affirmance of defendant's conviction in light of State v. Price . REMANDED