Narrative Opinion Summary
Writ and motion denied. The state has returned after the trial court complied with this court's remand order related to State v. Aguillard. The state's request for additional clarification from the trial court is also denied. The decision of the court of appeal, which vacated the conviction and sentence and remanded for a new trial, is upheld. The court of appeal's ruling is affirmed due to the trial court's failure to properly record the bench conference regarding the challenge for cause of juror Lt. Mark Mulla, resulting in actual prejudice to the defendant's appeal, as established in State v. Pinion.
Legal Issues Addressed
Appellate Review and Affirmationsubscribe to see similar legal issues
Application: The appellate court's decision to vacate the conviction and sentence and order a new trial was upheld due to procedural errors at the trial court level.
Reasoning: The decision of the court of appeal, which vacated the conviction and sentence and remanded for a new trial, is upheld.
Failure to Record Bench Conferencesubscribe to see similar legal issues
Application: The trial court's failure to properly record a bench conference regarding a juror challenge resulted in prejudice to the defendant's appeal, affirming the appellate court's decision.
Reasoning: The court of appeal's ruling is affirmed due to the trial court's failure to properly record the bench conference regarding the challenge for cause of juror Lt. Mark Mulla, resulting in actual prejudice to the defendant's appeal, as established in State v. Pinion.
Remand Order Compliancesubscribe to see similar legal issues
Application: The trial court's compliance with the appellate court's remand order was reviewed, and the state's request for additional clarification was denied.
Reasoning: The state has returned after the trial court complied with this court's remand order related to State v. Aguillard.