State v. Davis

304 So.3d 559 (Mem)

STATE of Louisiana

v.Charles Ray DAVIS

19-562

Court of Appeal of Louisiana, Third Circuit.

July 29, 2020

Hon. James Patrick Lemoine, Thirty-Fifth Judicial District Attorney, Renee W. Nugent, Assistant District Attorney, P.O. Box 309, Colfax, LA 71417

Hon. Warren Daniel Willett, Judge, 35th JDC, 200 Main Street, Suite 202, Colfax, LA 71417

Hon. Jeffery M. Landry, Louisiana Attorney General, P.O. Box 94005, Baton Rouge, LA 70804

Chad M. Ickerd, Louisiana Appellate Project, P.O. Box 2125, Lafayette, LA 70502

Court composed of Ulysses Gene Thibodeaux, Chief Judge, Elizabeth A. Pickett, and Shannon J. Gremillion, Judges.

ON REMAND

PER CURIAM

Defendant, Charles Ray Davis, was convicted of sexual battery by a 10-2 verdict. He was sentenced to thirty-five years at hard labor, with the first twentyfive years to be served without benefit of probation, parole, or suspension of sentence.

This court affirmed Defendant's conviction and sentence. State v. Davis , 19-562 (La.App. 3 Cir. 2/5/20), 291 So.3d 246. The Louisiana Supreme court granted Defendant's application for writs. State v. Davis , 20-392 (La. 6/3/20), 296 So.3d 1041. The supreme court remanded for further proceedings because the matter was pending on direct review when Ramos v. Louisiana , 590 U.S. ––––, 140 S.Ct. 1390, 206 L.Ed.2d 583 (2020), was decided.

Ramos invalidated non-unanimous jury verdicts on the basis of the Sixth and Fourteenth Amendments to the United States Constitution. Because Defendant was convicted by a non-unanimous verdict, we vacate Defendant's conviction and sentence for sexual battery and remand the case for new trial.

REVERSED AND REMANDED.