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SUPREME COURT OF LOUISIANA No. 98-K-0341 STATE OF LOUISIANA v. BERNELL JULUKE, Jr. On Writ of Certiorari to the Fourth Circuit Court of Appeal PER CURIAM:* In this prosecution for the drive-by shooting death of Rondell Santinac, the court of appeal reversed the defendant's conviction for second degree murder upon finding that while the jury may have rationally rejected a common alibi defense asserted by the defendant and his jointly-tried codefendants also involved in the same appeal, Kunta Gable and Leroy Nelson, "[t]he evidence does not exclude every reasonable hypothesis of innocence [as to the defendant] since there was time for the driver of the car to switch places with Juluke, and thus the evidence was insufficient to support Juluke's conviction." State v. Gable, 96-1920, p. 19 We granted the

(La. App. 4th Cir. 1/21/98), 704 So.2d 995.

state's application in the defendant's case because it appeared that the court of appeal substituted its judgment for the jury's as to what the evidence did or did not prove on the basis of a hypothetical set of facts not argued to jurors, inconsistent with the defense that was presented, and implicitly rejected by jurors in reaching their verdicts. We now reverse.

Santinac died in the driveway of 3303 Desire on the night of August 22, 1994, at approximately 9:20 or 9:30 p.m., in a hail of bullets fired by two men wielding AK-47s from the passenger-side
*

Traylor, J., not on panel.

See La.S.Ct. Rule IV, Part II,

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