FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 514-483,
SECTION "J" Honorable Darryl A. Derbigny, Judge.
A. Cannizzaro, Jr. District Attorney, Orleans Parish Kyle C.
Daly Assistant District Attorney Parish of Orleans COUNSEL
FOR THE STATE OF LOUISIANA.
Watters LOUISIANA APPELLATE PROJECT P. O. COUNSEL FOR
composed of Judge Edwin A. Lombard, Judge Roland L. Belsome,
Judge Daniel L. Dysart.
A. LOMBARD JUDGE.
defendant, Issa Lamizana, Jr., appeals his convictions and
sentences for aggravated rape. After review of the record in
light of the applicable law and arguments of the parties, we
vacate the defendant's convictions and sentences,
remanding the matter back to the trial court for further
Facts and Procedural History
defendant married the victims' mother, Ebone Janelle
Thomas, in December 2010. Ms. Thomas had two children, a
daughter (E.T. 1) and a son (E.T. 2),  from a previous
relationship. The relationship between the defendant and Ms.
Thomas was rancorous.
defendant was charged by bill of information on December 20,
2012, with two counts of aggravated rape in violation of La.
Rev. Stat. 14:42(A)(4),  one count relating to each of his
step-children. The defendant's first trial ended in a
mistrial. On January 20, 2016, after a two-day trial, the
defendant was convicted on both counts. On February 19, 2016,
the district court sentenced him to life imprisonment at hard
labor without the benefit of probation, parole or suspension
of sentence, on each conviction.
defendant timely appeals his convictions and sentences.
appellate brief, the defendant raises five assignments of
error. For the reasons that follow, we pretermit a full
discussion of those assignments of error.
to trial, the defendant sought to subpoena Department of
Children and Family Services (DCFS) investigator Monique
Hayes, who was apparently the first actor to interview victim
E.T. 1 and the defendant's wife, Ms. Thomas. In response,
DCFS filed a motion to quash which was granted by the trial
Sixth Amendment of the United States Constitution and Article
I, Section 16 of the Louisiana Constitution (1974) both
guarantee a criminal defendant the right to compulsory
process to present a defense. The defendant's right to
compulsory process is the right to demand subpoenas for
witnesses and the right to have those subpoenas served.
State v. Gordon, 01-734 (La.App. 5 Cir. 11/27/01),
803 So.2d 131, 148. Under Brady v. Maryland, 373
U.S. 83 (1963), the State is required to disclose to an
accused evidence in its possession that is favorable to the
accused and material to his guilt or punishment; for purposes
of Brady rule, "no distinction exists between
exculpatory and impeachment evidence." State v.
Kemp, 00-2228 (La. 10/15/02), 828 So.2d 540 545 (citing
U.S. v. Agurs,427 U.S. 97(1976)). Records
containing statements pertaining to a juvenile's veracity
as a witness may be material to impeach the juvenile's
credibility. State v. Ortiz,567 So.2d 81, 82.
1990). Thus, where the pertinent statute contemplates some
use of those records in judicial proceedings and does not