State ex rel. LaGarde v. Blackburn

On November 19, 1974, a /iVe-member jury convicted relator James LaGarde of theft in the amount of $6000, a violation of La.R.S. 14:67. Thereafter, the trial court sentenced him as a second felony offender to twenty years’ imprisonment at hard labor. La.R.S. 15:529.1. Following this Court’s affirmance of his conviction and sentence, State v. LaGarde, 311 So.2d 890 (La.1975), relator filed an application for post-conviction relief, La.C.Cr.P. Art. 924 et seq., assailing the constitutionality of his trial before a five-member jury. Finding merit in this contention, we vacate the relator’s…