State v. Armstrong

Supreme Court of Louisiana

State v. Armstrong

855 So. 2d 731, 2003 La. LEXIS 2235, 2003 WL 22061430

CourtSupreme Court of Louisiana

DecidedSeptember 5, 2003

DocketNo. 2002-KP-2464

StatusPublished

Cited by1 cases

This text of 855 So. 2d 731 (State v. Armstrong) 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 v. Armstrong, 855 So. 2d 731, 2003 La. LEXIS 2235, 2003 WL 22061430 (La. 2003).

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Opinion

PER CURIAM.

Granted in part; otherwise denied. This case is remanded to the district court for purposes of conducting an evidentiary hearing and ruling on relator’s claim that counsel rendered ineffective assistance by failing to request that the trial court include criminal trespass as a responsive verdict. See State v. Simmons, 01-0293, pp. 6-7 (La.5/14/02), 817 So.2d 16, 21 (criminal trespass is a lesser and included offense of unauthorized entry of an inhabited dwelling, entitling defendant charged with the latter offense to instruction on the former, particularly when defendant would have escaped sentencing as multiple offender had he been convicted of a misdemeanor); State v. Hernandez, 02-0340 (La.App. 5th Cir.7/30/02), 824 So.2d 529 (same). In all other respects, the application is denied. La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.

CALOGERO, J, recused. VICTORY and TRAYLOR, JJ., would deny the writ.

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PER CURIAM.

Granted in part; otherwise denied. This case is remanded to the district court for purposes of conducting an evidentiary hearing and ruling on relator’s claim that counsel rendered ineffective assistance by failing to request that the trial court include criminal trespass as a responsive verdict. See State v. Simmons, 01-0293, pp. 6-7 (La.5/14/02), 817 So.2d 16, 21 (criminal trespass is a lesser and included offense of unauthorized entry of an inhabited dwelling, entitling defendant charged with the latter offense to instruction on the former, particularly when defendant would have escaped sentencing as multiple offender had he been convicted of a misdemeanor); State v. Hernandez, 02-0340 (La.App. 5th Cir.7/30/02), 824 So.2d 529 (same). In all other respects, the application is denied. La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172.

CALOGERO, J, recused. VICTORY and TRAYLOR, JJ., would deny the writ.

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Bluebook (online)

855 So. 2d 731, 2003 La. LEXIS 2235, 2003 WL 22061430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-armstrong-la-2003.

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