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SUPREME COURT OF LOUISIANA 97-KA-0499 STATE OF LOUISIANA versus DEREK LANDRY

ON APPEAL FROM THE CRIMINAL DISTRICT COURT FOR THE PARISH OF ORLEANS HONORABLE JAMES F. McKAY, III, JUDGE KNOLL, Justice* An Orleans Parish jury found defendant, Derek Landry, guilty of the first-degree murder of Lloyd Gonzales, Jr. The trial of the guilt phase consisted of a day and a half of voir dire and a oneday trial. After a one-day penalty phase hearing, the jury sentenced defendant to death, finding three aggravating circumstances. Although defendant perfected thirty-four assignments of error, we reverse defendant's conviction on the threshold assignment of error, finding the appellate record so deficient that we cannot properly review this case for error.1 As a preface to this issue, we note that the record before us references loud construction noise which hindered recordation of the trial proceedings. It is likewise inferred that the court reporter experienced problems with the audio recording equipment which caused skips in the recordation of the trial proceedings. With that as a background, the defendant urges us to reverse this conviction because the record is so wanting that we cannot perform our function as a reviewing court under the mandate of La.Const. Art. V,

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Louisiana Law