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STATE of Louisiana v. Brian AGUILLARD

Louisiana Supreme Court2018-10-15No. No. 2015-K-0589
254 So. 3d 685

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Opinion

majority opinion

PER CURIAM:

Writ denied; motion denied. The state has returned following the trial courts compliance with this courts order on remand. State v. Aguillard , 15-0589 (La. 2/26/16), 184 So.3d 1273. We hereby deny the states motion for additional clarification from the trial court and deny the states writ in full. We leave intact the decision of the court of appeal, vacating the conviction and sentence, and remanding for a new trial. State v. Aguillard , 14-0316 (La. App. 4 Cir. 3/4/15), 158 So.3d 976. The court of appeal reached the correct result because the trial courts failure to adequately record the bench conference concerning the challenge for cause of prospective juror Lt. Mark Mulla has resulted in actual prejudice to the defendants appeal. See State v. Pinion , 06-2346 (La. 10/26/07), 968 So.2d 131.