State of Louisiana v. John D. LaFleur
This text of State of Louisiana v. John D. LaFleur (State of Louisiana v. John D. LaFleur) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judgment rendered January 14, 2026.
No. 56,579-KA
ON REHEARING
COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA
*****
STATE OF LOUISIANA Appellee
versus
JOHN D. LaFLEUR Appellant
***** Per Curiam on Rehearing
Originally appealed from the First Judicial District Court for the Parish of Caddo, Louisiana Trial Court No. 397,839
Honorable Donald E. Hathaway, Jr., Judge
LOUISIANA APPEALS & WRIT SERVICE Counsel for By: Holli Herrle-Castillo Appellant
JAMES E. STEWART, SR. Counsel for District Attorney Appellee
ASHLIN N. THOMAS ERIC M. WHITEHEAD Assistant District Attorneys
Before STONE, STEPHENS, ROBINSON, MARCOTTE, and ELLENDER, JJ. PER CURIAM.
Despite the silence of one penalty provision, R.S. 14:35.3 (L),
with respect to the denial of benefits, another subsection, 14:35.3 (C),
required the district court to impose “at least forty-eight hours of the
sentence” without benefit of probation, parole, or suspension of
sentence. State v. Caldwell, 56,269 (La. App. 2 Cir. 5/21/25), 411 So.
3d 934; State v. Williams, 56,351 (La. App. 2 Cir. 7/16/25), 416 So.
3d 943. On rehearing, we find the district court’s imposition of one
year without benefits satisfied both portions of the statute. The
original sentence is affirmed in its entirety.
REHEARING GRANTED; ORIGINAL SENTENCE
AFFIRMED.
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