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STATE v. TUSCANO

No. 85-KA-757.

520 So.2d 1311 (1988)

STATE of Louisiana v. John TUSCANO.

Court of Appeal of Louisiana, Fifth Circuit.

February 8, 1988.

Attorney(s) appearing for the Case

Cecil M. Burglass, Jr., Stephen F. Camberon, New Orleans, for John Tuscano, defendant-appellant.

John M. Mamoulides, James Maxwell, Dorothy A. Pendergast, Dist. Atty's Office, Gretna, for State of La., plaintiff-appellee.

Before KLIEBERT and GAUDIN, JJ., and NACCARI, J. Pro Tem.

J. BRUCE NACCARI, Judge Pro Tem.

The defendant, John Tuscano, was originally charged with pandering in violation of R.S. 14:84(1) and (4). After trial by jury, Tuscano was found guilty as charged, however, the jury verdict failed to specify under which subsection. The trial court then sentenced the defendant to a term of five years at hard labor. Subsequent to the verdict, R.S. 14:84(4) was declared unconstitutional. See State v. Liuzza, 457...

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