Supreme Court of Louisiana, 1981

State v. Bowden

Supreme Court of Louisiana · Decided November 16, 1981 · Calogero, Consolidated, Dennis, Guidry, Hoc, Reasons

406 So. 2d 1325; 1981 La. LEXIS 10926 (Southern Reporter, Second Series)

Opinion of the Court

E. L. GUIDRY, Jr., Justice Ad Hoc*.

For the reasons assigned in the companion matter entitled State of Louisiana v. Ronald O'Shea Bowden, III, 406 So.2d 1316, our docket No. 81 — KA-1376, the defendant’s conviction and sentence for the crime of forcible rape is affirmed.

AFFIRMED.

CALOGERO, J., dissents in part, concurs in part for reasons assigned in the consolidated case 81-KA-1376. DENNIS, J., dissents in part and concurs in part with reasons.

Judges E. L. Guidry, Jr. and G. William Swift, Jr. of the Court of Appeal, Third Circuit and Judge Robert J. Klees of the Court of Appeal, Fourth Circuit, participated in this decision as Associate Justices ad hoc, joined by Associate Justices Pascal F. Calogero, Jr., James L. Dennis, Jack C. Watson and Harry T. Lemmon.

Concurring in Part

DENNIS, Justice,

dissenting in part and concurring in part.

I respectfully dissent in part and concur in part for the reasons set forth by Justice Calogero in his excellent separate opinion.

There clearly was no intention by anyone, either the legislature or the people, to use the prior statute to carry into effect the new constitutional concept. Otherwise, there would have been no need for the constitutional amendment to provide that “the legislature may * * * by a two-thirds vote of the elected members of each house provide that special juvenile procedures shall not apply to juveniles arrested for having committed . . . aggravated rape * * * »’

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