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SUPREME COURT OF LOUISIANA 96-KA-0697 STATE OF LOUISIANA versus LEONARD HART, JR.
ON APPEAL FROM THE TWENTY-SECOND JUDICIAL DISTRICT COURT FOR THE PARISH OF ST. TAMMANY, STATE OF LOUISIANA, THE HONORABLE MARTIN E. COADY, PRESIDING JUDGE

KIMBALL, Justice*
A Washington Parish Grand Jury indicted Leonard Hart, Jr. for the first degree murder of Ernest Emile Young, in violation of La. R.S. 14:30. After a trial by jury, Defendant was found guilty as charged and sentenced to death based upon the jury's finding of one aggravating circumstance. The trial judge sentenced Defendant to death in accordance with the jury's recommendation. This is the direct appeal of Defendant's conviction and sentence. For the reasons that follow, we reverse Defendant's first degree murder conviction and death sentence, but find the record supports the conclusion that Defendant is guilty of second degree murder and remand the case to the trial court for entry of judgment of guilty of second degree murder and for resentencing of Defendant to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence, pursuant to La. R.S. 14:30.1.

FACTS On the night of July 25, 1994, Bogalusa Police Officer Phillip Collins attempted to arrest Defendant on two attachments for unspecified city offenses. Following a brief scuffle, Defendant escaped from Officer Collins and hid in a nearby greenhouse, located four houses away from Ernest Emile Young's residence.

*

Traylor, J., not on panel. Rule IV, Part 2,

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Louisiana Law