State ex rel. Birtha v. State

Supreme Court of Louisiana

State ex rel. Birtha v. State

824 So. 2d 1179, 2002 La. LEXIS 2615, 2002 WL 31081821

CourtSupreme Court of Louisiana

DecidedSeptember 13, 2002

DocketNo. 2001-KH-1011

StatusPublished

This text of 824 So. 2d 1179 (State ex rel. Birtha v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Birtha v. State, 824 So. 2d 1179, 2002 La. LEXIS 2615, 2002 WL 31081821 (La. 2002).

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Opinion

In re Birtha, William; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 97-6381; to the Court of Appeal, Fifth Circuit, No. 01-KH-170.

Writ granted in part; otherwise denied; case remanded. Because the face of the pleadings, State v. Arnold, 01-1399 (La.4/12/02), 816 So.2d 289, shows that relator’s convictions of armed robbery of one victim and attempted first degree felony murder of that same victim violate double jeopardy principles, United States v. Broce, 488 U.S. 563, 575-76, 109 S.Ct. 757, 765, 102 L.Ed.2d 927 (1989); State ex rel. Adams v. Butler, 558 So.2d 552, 553-54 (La.1990), the district court is ordered to vacate “the less severely punishable (and less severely punished)” attempted first degree murder conviction and sentence. State ex rel. Boyd v. State, 98-0378 (La.10/9/98), 720 So.2d 667. In all other respects the application is denied.

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In re Birtha, William; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 97-6381; to the Court of Appeal, Fifth Circuit, No. 01-KH-170.

Writ granted in part; otherwise denied; case remanded. Because the face of the pleadings, State v. Arnold, 01-1399 (La.4/12/02), 816 So.2d 289, shows that relator’s convictions of armed robbery of one victim and attempted first degree felony murder of that same victim violate double jeopardy principles, United States v. Broce, 488 U.S. 563, 575-76, 109 S.Ct. 757, 765, 102 L.Ed.2d 927 (1989); State ex rel. Adams v. Butler, 558 So.2d 552, 553-54 (La.1990), the district court is ordered to vacate “the less severely punishable (and less severely punished)” attempted first degree murder conviction and sentence. State ex rel. Boyd v. State, 98-0378 (La.10/9/98), 720 So.2d 667. In all other respects the application is denied.

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824 So. 2d 1179, 2002 La. LEXIS 2615, 2002 WL 31081821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-birtha-v-state-la-2002.

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