STATE v. MCGHEE (2018)

ON WRIT OF CERTIORARI TO THE THIRD CIRCUIT COURT OF APPEAL, PARISH OF AVOYELLES

Writ granted. Defendant, charged with second degree kidnapping, was found guilty of simple kidnapping. This court determined in State v. Price, 17-K-0520 (La. 6/27/18), 250 So.3d 230, that guilty of simple kidnapping is not responsive to a charge of second degree kidnapping. In addition, the return of a nonresponsive verdict constitutes an error patent reviewable even in the absence of a defense objection. La.C.Cr.P. 920; State v. Mayeux, 498 So.2d 701, 703 (La. 1986); State v. Thibodeaux, 380 So.2d 59 (La. 1980); State v. Vincent, 387 So.2d 1097 (La. 1980). Therefore, we grant the application to remand to the court of appeal to reconsider its affirmance of defendant's conviction in light of State v. Price.

REMANDED

I concur. In Price, because the jury's return of the non-responsive verdict was an implicit acquittal of the crime charged, we remanded to enter a post-verdict judgment of acquittal.

PER CURIAM: