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STATE v. TURNER

No. 2005-KA-2425.

936 So.2d 89 (2006)

STATE of Louisiana v. Jimmy M. TURNER.

Supreme Court of Louisiana.

Dissenting Opinion July 11, 2006.

Rehearing Denied September 1, 2006.

Attorney(s) appearing for the Case

Charles C. Foti, Jr., Attorney General, Kristi D. Hagood, Assistant Attorney General, Don M. Burkett, District Attorney, for appellant.

Glass & Reed, John Wilson Reed, New Orleans, Wellborn Jack, Jr., Elton B. Richey. Jr., Shreveport, for appellee.

Dissenting Opinion of Justice Johnson, July 11, 2006.

KNOLL, Justice.

This matter is before us under our original appellate jurisdiction, pursuant to La. Const. Art. V, § 5, from the trial court ruling, which declared La.Code Crim. Proc. art. 905.5.1 unconstitutional. For the following reasons we reverse the trial court and hold the trial court erred in finding a jury determination of the factual issue of whether...

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