![]() 782(A) stated that cases “in which punishment is necessarily confinement at hard labor shall be tried by a jury composed of twelve jurors, ten of whom must concur to render a verdict.” Defendant contends that, under Hunter v. Regarding Defendant’s assertion that his conviction was unconstitutional due to the 11-1 verdict, this court held: At the time of Defendant’s crime, La.Code Crim.P. On June 12, 2019, this court affirmed Defendant’s conviction and sentence. In a supplemental pro se brief, Defendant raised two assignments of error alleging that his conviction was unconstitutional because he was convicted by a less than unanimous jury. Defendant raised five assignments of error through trial counsel: (1) that there was insufficient evidence to support Defendant’s conviction, (2) that the State failed to prove the homicide was not justifiable, (3) the trial court gave an erroneous jury instruction regarding intent, (4) the trial court erred by allowing two witnesses to discuss statements made to them by the victim, and (5) that his sentence was excessive. On June 20, 2018, an 11-1 jury found Defendant guilty of the lesser included offense of attempted manslaughter, in violation of La.R.S. On October 24, 2017, Defendant, Edwin Paul Frinks, was charged by bill of information with the attempted second-degree murder of Travis Darnell James, Jr., in violation of La.R.S. Box 1747 Lake Charles, LA 70602-1747 (337) 436-2900 COUNSEL FOR DEFENDANT/APPELLANT: Edwin Paul Frinks SAUNDERS, Judge. Drawer 7358 Alexandria, LA 71306 (318) 473-6650 COUNSEL FOR PLAINTIFF/APPELLEE: State of Louisiana Annette Fuller Roach Louisiana Appellate Project P. Phillip Terrell District Attorney Ninth Judicial District Court Cheryl A. ![]() CONVICTION AND SENTENCE VACATED REMANDED FOR NEW TRIAL. SAUNDERS JUDGE ********** Court composed of Ulysses Gene Thibodeaux, Chief Judge, John D. 334,569 HONORABLE WILLIAM GREGORY BEARD, DISTRICT JUDGE ********** JOHN D. ![]() STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 18-899 STATE OF LOUISIANA VERSUS EDWIN PAUL FRINKS ********** ON REMAND FROM THE SUPREME COURT OF LOUISIANA NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. ![]()
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