
    STATE of Louisiana v. Chadwick MCGHEE
    No. 2017-KO-1951
    Supreme Court of Louisiana.
    September 21, 2018
    ON WRIT OF CERTIORARI TO THE THIRD CIRCUIT COURT OF APPEAL, PARISH OF AVOYELLES
   PER CURIAM:

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

Hughes, J., concurring.

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.  