STATE v. MARTINEZ-SANCHEZ

No. KA-6433.

550 So.2d 232 (1989)

STATE of Louisiana v. Manuel MARTINEZ-SANCHEZ, Stanley J. Jones, and Roberto Morales.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted January 12, 1990.


Attorney(s) appearing for the Case

John F. Rowley, Dist. Atty., Glenn E. Diaz, Asst. Dist. Atty., Walker H. Drake, Jr., Asst. Dist. Atty., Parish of St. Bernard, Chalmette, for appellee.

Dwight Doskey, Orleans Indigent Defender Program, New Orleans, for defendant Stanley J. Jones.

J. Wayne Mumphrey, Jeff Perigoni, Gregory G. D'Angelo, Chalmette, for appellants Martinez-Sanchez & Morales.

Before SCHOTT, C.J., and WILLIAMS and PLOTKIN, JJ.


WILLIAMS, Judge.

In this case we are called upon to decide whether the trial court's reference to a prior conviction of the defendants, made within hearing of the entire jury venire at the start of voir dire, constituted a mandatory ground for mistrial under LSA-C. Cr.P. art. 770. Because we find the remark within the purview of Article 770, we hold that the trial court erred in denying defendant's motion for a mistrial. Accordingly, we reverse defendants' convictions...

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