State v. Denson

I,VICTORY, J.

This case is on appeal to this Court pursuant to La. Const, art. V, see. 5(D) from a finding of the trial court that Louisiana Code of Criminal Procedure art. 648(B)(2) is unconstitutional. After reviewing that record and the applicable law, we affirm the trial court’s judgment and hold that La.C.Cr.P. art. 648(B)(2) violates-the Due Process Clauses of the United States and Louisiana Constitutions.

FACTS AND PROCEDURAL HISTORY

On November 20, 1998, the defendant, Shantell Denson, and two other teenage girls, allegedly stole a purse from one victim while armed with metal crutches…