State v. Arnold

770 So. 2d 332, 2000 La. LEXIS 2424, 2000 WL 1483382

Opinion

PER CURIAM.

Writ Granted. The Court of Appeal, Third Circuit, erred in its analysis of defendant’s claim of a double jeopardy violation. Defendant, who has entered an unconditional guilty plea, can only attack the convictions on double jeopardy grounds if he shows a double jeopardy violation on the face of the pleadings or record. La. Code Crim.Proc. art. 930.2; United States v. Broce, 488 U.S. 563, 575-76, 109 S.Ct. 757, 102 L.Ed.2d 927 (1989); State ex rel. Boyd v. State, 98-0378 (La.10/9/98), 720 So.2d 667; State ex rel. Adams v. Butler, 558 So.2d 552, 553 n. 1 (La.1990); cf. State v. Texada, 98-1647 (La.App. 3 Cir. 5/5/99), 734 So.2d 854, 863-64. Accordingly, the judgment of the court of appeal is vacated and set aside and this case is remanded to the appellate court for further consideration of defendant’s claim of a double jeopardy violation based only on the face of the pleadings and record.