STATE v. GARDETTE

No. 59912.

352 So.2d 212 (1977)

STATE of Louisiana v. Clarence GARDETTE.

Supreme Court of Louisiana.

November 14, 1977.


Attorney(s) appearing for the Case

Lyall G. Shiell, Jr., New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., William L. Brockman, Asst. Dist. Atty., for plaintiff-appellee.


SANDERS, Chief Justice.

A grand jury indicted the defendant, Clarence Gardette, with aggravated rape, a violation of LSA-R.S. 14:42. A unanimous jury returned a guilty verdict. The court imposed the death penalty. However, after the United States Supreme Court held the mandatory death penalty for aggravated rape unconstitutional,1 the court vacated the death penalty and re-sentenced him to twenty years at hard labor.

The defendant...

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