State v. Tuscano

J. BRUCE NACCARI, Judge Pro Tem.

The defendant, John Tuscano, was originally charged with pandering in violation of R.S. 14:84(1) and (4). After trial by jury, Tuscano was found guilty as charged, however, the jury verdict failed to specify under which subsection. The trial court then sentenced the defendant to a term of five years at hard labor. Subsequent to the verdict, R.S. 14:84(4) was declared unconstitutional. See State v. Huzza, 457 So.2d 664 (La.1984). Tuscano then applied for post-conviction relief to the district court; his application was denied and this Court likewise denied writs…