FOR
IMMEDIATE NEWS RELEASE
NEWS
RELEASE # 73
FROM:
CLERK OF SUPREME COURT OF LOUISIANA
The
Opinions handed down on the 23th day of
October, 2003 , are as follows:
BY
JOHNSON, J. :
2002-K
-2302 STATE OF LOUISIANA v. JASON HELOU
(Parish of Lafayette) (Second
Degree Battery)
Accordingly,
we vacate the defendant's conviction for second degree
battery and enter a conviction for simple battery,
as statutory responsive verdict pursuant to LSA-C.Cr.P.art.
814(15). We remand this matter to the trial court
for resentencing for simple battery.
TRAYLOR,
J., dissents for reasons assigned by Weimer, J.
KNOLL,
J., dissents for the reasons assigned by Weimer, J.
WEIMER,
J., dissents & assigns reasons.
