State of Louisiana v. Charles Ray Davis

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 19-562

STATE OF LOUISIANA VERSUS CHARLES RAY DAVIS

********** ON REMAND **********

REMAND FROM THE LOUISIANA SUPREME COURT APPEAL FROM THE THIRTY-FIFTH JUDICIAL DISTRICT COURT GRANT PARISH, LOUISIANA, NO. 2017-903 HONORABLE WARREN DANIEL WILLETT, DISTRICT JUDGE ********** PER CURIAM ********** Court composed of Ulysses Gene Thibodeaux, Chief Judge, Elizabeth A. Pickett, and Shannon J. Gremillion, Judges.

REVERSED AND REMANDED.

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 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 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 twenty- five 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- (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), ___ So.3d ___. 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 (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.