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STATE v. HENRY

No. 2001-KA-0333.

802 So.2d 1021 (2002)

STATE of Louisiana v. Patrick D. HENRY.

Court of Appeal of Louisiana, Fourth Circuit.

January 9, 2002.

Attorney(s) appearing for the Case

Harry F. Connick, District Attorney, Leslie Parker Tullier, Assistant District Attorney, New Orleans, LA, Counsel for Plaintiff/Appellee.

William R. Campbell, Jr., Louisiana Appellate Project, New Orleans, LA, Counsel for Defendant/Appellant.

Court composed of Chief Judge WILLIAM H. BYRNES III, Judges STEVEN R. PLOTKIN, and MIRIAM G. WALTZER.

ON APPLICATION FOR REHEARING

STEVEN R. PLOTKIN, Judge.

On rehearing we vacate the previous decree and reverse the ruling of the trial court. When the entirety of the evidence, including inadmissible evidence which was erroneously admitted, is insufficient to support the conviction, the accused must be discharged as to that crime, and any discussion by the court of the trial error issues as to that crime would be pure dicta since those issues are moot.

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