FACTS:
Appellant and two others were charged with the crime of rape with murder. A re-enactment of how the crime was committed was staged promptly upon his apprehension and even prior to his formal investigation at the police station. He pleaded not guilty during the arraignment, was tried, convicted and sentenced to death.
ISSUE(S):
Whether or not the re-enactment may be admitted in evidence.
HELD:
NO. It is not clear from the record that before the re-enactment was staged by Luvendino, he had been informed of his constitutional rights including, specifically, his right to counsel and that he had waived such right before proceeding with the demonstration.
Decision of the trial court is MODIFIED, sentencing appellant to only life imprisonment.
