State v. Behrnes, 706 So. 2d 179 (La. Ct. App. 1997)

Cases | State v. Behrnes, 706 So. 2d 179 (La. Ct. App. 1997) | 2018

The defendant entered a best interest plea of guilty to the responsive offense of forcible rape. On appeal, the defendant claimed that the trial court erred in allowing victim-impact statements from the victim’s stepsisters at sentencing. The appellate court held that the trial court erred in permitting testimony from the victim’s stepsisters because that class of relatives was not enumerated in the relevant statute. “Stepchild” was enumerated, and if the legislature had intended for other “steps” to be included it must be presumed it would have done so. Though the error by itself may have been harmless, it constituted reversible error when considered with the court’s refusal to permit the defendant to rebut the statements after testimony.