Legal Opinion
State v. Simpkins
Louisiana Court of Appeal
Decided May 13, 2009No. Nos. 44,197-KA, 44,198-KAPublishedCited by 10 opinions
1Opinion of the CourtDrew, J.
LA unanimous jury convicted John Simpkins as charged of four crimes for which he was sentenced to life without benefits plus 40 years at hard labor:
• aggravated rape,1 life at hard labor, without benefits;
*1024• aggravated incest, 20 years at hard labor;
• molestation of a juvenile, 10 years at hard labor; and
• sexual battery, 10 years at hard labor.
The trial court ordered that all sentences be served consecutively.
He now appeals his four convictions. We vacate the aggravated rape conviction, enter a verdict of guilty of forcible rape, and remand this matter for sentencing for that crime.
We affirm…
2Cases cited33 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Burks v. United StatesSupreme Court of the United States · 1978
- Schad v. ArizonaSupreme Court of the United States · 1991
- State v. HearoldSupreme Court of Louisiana · 1992
- State v. SmithSupreme Court of Louisiana · 1995
28 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. Otkins-VictorLouisiana Court of Appeal · 2016
- State v. AndersonLouisiana Court of Appeal · 2012
- State v. HumphriesLouisiana Court of Appeal · 2013
- State ex rel. Simpkins v. StateSupreme Court of Louisiana · 2012
- State v. CookLouisiana Court of Appeal · 2013
5 more not listed; retrieve them via the Exa API.