State Of Louisiana v. JerXavier Lane

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0918

VERSUS

JERXAVIER LANE DECEMBER 07, 2020

In Re: JerXavier Lane, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 16- WFLN- 616.

BEFORE: HIGGINBOTHAM, THERIOT, AND WOLFE, JJ.

WRIT DENIED. An accused who commits separate and distinct offenses during the same criminal episode or transaction may be

prosecuted and convicted for each offense without violating the principle of double jeopardy. State v. Nichols, 337 So. 2d 1074, 1078 ( La. 1976); State v. Staden, 2014- 0459 ( La. App, lst Cir. 9/ 24/ 14), 154 So. 3d 579, 584, writ denied, 2014-- 2254 ( La. 6/ 5/ 15), 171 So. 3d 945. Relator admitted to and was sentenced

for committing two separate and distinct acts of battery against two different correctional facility employees when he entered the nolo contendere pleas. Therefore, his allegation of a double jeopardy violation for multiple punishments for a single offense is without merit on its face. Accordingly, the district court did not err by denying the motion to amend, modify, or reconsider sentence.

TMH MRT EW

COURT OF APPEAL, FIRST CIRCUIT

t

DEPUTY L RK OF COURT FOR THE COURT