State v. Denis
| Decision Date | 25 April 1997 |
| Citation | 692 So.2d 1055 |
| Parties | 96-2706 La |
| Court | Louisiana Supreme Court |
Granted. The defendant's adjudication and sentence to 24 years at hard labor as a fourth offender under La.R.S. 15:529.1 are reinstated, the latter as amended by the court of appeal to delete the requirement of additional jail time for failure to pay court costs. As long as the punishment imposed on the defendant does not exceed what the legislature has prescribed, and in the absence of any evidence that the state sought separate hearings to oppress or harass the defendant, principles of res judicata or double jeopardy do not preclude the state in a single prosecution from adjudicating the defendant a third offender and then adjudicating him a fourth offender in a subsequent proceeding on the basis of a conviction and documentary evidence not used previously to determine his multiple offender status. Cf. State v. Hill, 340 So.2d 309, 312 (La.1976)
JOHNSON, J., not on panel.
To continue reading
Request your trial
-
State of La. v. QUINN
...state from adjudicating and sentencing the defendant as a third offender in a subsequent proceeding conducted in 2004. State v. Denis, 96-2706 (La.4/25/97), 692 So.2d 1055.” For these reasons stated, this assignment of error lacks merit. ASSIGNMENT OF ERROR NUMBER THREE In his third assignm......
-
Quinn v. Theriot
...as there exists no evidence that the state held these multiple hearings in order to harass or oppress the defendant. State v. Denis, 692 So.2d 1055 (La. 1997) (per curiam). 2. With the exception of a couple of pretrial motions, Judge Landry had presided over the petitioner's case since his ......
-
State v. Davis
... ... The defense concedes that the filing of the second multiple bill was not violative of double jeopardy, and in so conceding is correct. The Louisiana Supreme Court stated in State v. Denis, 96-2706, p. 1 (La.4/25/97), 692 So.2d 1055: "[P]rinciples of res judicata or double jeopardy do not preclude the State in a single prosecution from adjudicating the defendant a third offender and then adjudicating him a fourth offender in a subsequent proceeding on the basis of a conviction and ... ...
-
State v. Mays, No. 05-K-2555 (La. 5/26/2006)
... ... The adjudication and sentence of defendant as a second offender for purposes of La.R.S. 15:529.1 in 2003 did not preclude the state from adjudicating and sentencing the defendant as a third offender in a subsequent proceeding conducted in 2004. State v. Denis, 96-2706 (La. 4/25/97), 692 So.2d 1055. Although the state relied on the same convictions alleged in the original habitual offender bill, it produced photographic evidence at the 2004 proceeding to satisfy the trial court's ruling in 2003 that it had failed to prove defendant's identity as the ... ...