STATE v. FUNES

No. 11-KA-595.

87 So.3d 134 (2012)

STATE of Louisiana v. Mario A. FUNES.

Court of Appeal of Louisiana, Fifth Circuit.

January 24, 2012.


Attorney(s) appearing for the Case

Paul D. Connick, Jr. , District Attorney, Terry M. Boudreaux , Desirée M. Valenti , Assistant District Attorneys, Gretna, LA, for Plaintiff/Appellee.

Frank Sloan , Attorney at Law, Louisiana Appellate Project, Mandeville, LA, for Defendant/Appellant.

Panel composed of Judges SUSAN M. CHEHARDY, JUDE G. GRAVOIS, and MARC E. JOHNSON.


JUDE G. GRAVOIS, Judge.

Defendant, Mario Funes, appeals his convictions on three counts of second degree murder. On appeal, he argues that the trial court erred in denying his motion to quash the indictment on the basis that LSA-C.Cr.P. art. 782(A) is unconstitutional for allowing a non-unanimous jury verdict. For the following reasons, we affirm defendant's convictions.

FACTS AND PROCEDURAL HISTORY

On Thursday, October 30, 2008, at approximately...

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