Supreme Court of Louisiana, 1980

State v. Santacruz

State v. Santacruz
Supreme Court of Louisiana · Decided September 12, 1980
392 So. 2d 380; 1980 La. LEXIS 8332 (Southern Reporter, Second Series)

State v. Santacruz

Opinion of the Court

On Application for Rehearing.

PER CURIAM.

The decision in Taylor v. Louisiana, 419 U.S. 522, 95 S.Ct. 692, 42 L.Ed.2d 690 (1975) does not apply retroactively to convictions obtained by juries empanelled prior to the date of that decision, January 21, 1975. Daniel v. Louisiana, 420 U.S. 31, 95 S.Ct. 704, 42 L.Ed.2d 790 (1975); State v. Rester, 309 So.2d 321 (La. 1975). See also State v. Watkins, 340 So.2d 235 (La. 1976); State v. Simmons, 328 So.2d 149 (La. 1976); State v. King, 322 So.2d 205 (La. 1975). Here defendant was tried and convicted on March 7, 1974.

Accordingly, the application for rehearing is denied.

Case below: La., 386 So.2d 364.

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