STATE v. JONES

No. 2003 KA 1345.

888 So.2d 885 (2004)

STATE of Louisiana v. Daniel J. JONES.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 28, 2004.


Attorney(s) appearing for the Case

Walter P. Reed, District Attorney, Parish of St. Tammany, Covington, Dorothy Pendergast, Metairie, Counsel for Plaintiff/Appellee State of Louisiana.

John W. Lindner, II, Appellate Attorney, Covington, Counsel for Defendant/Appellant Daniel J. Jones.

Before: CARTER, C.J., FOIL, WHIPPLE, PARRO, FITZSIMMONS, KUHN, GUIDRY, PETTIGREW, DOWNING, GAIDRY, McDONALD, and McCLENDON, JJ.


PER CURIAM.

This court has considered the appeal of defendant-appellant, Daniel Jones, en banc, and all twelve of the judges of this court have participated. Louisiana Constitution Art. V, § 8B requires that "[a] majority of the judges sitting in a case must concur to render judgment." Since six of the twelve judges agree to the affirmance of the conviction while six would reverse, there is no majority concurring to render judgment in this case. Accordingly,...

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