State v. Baskin

Supreme Court of Louisiana

State v. Baskin

140 So. 3d 712, 2014 WL 2694195, 2014 La. LEXIS 1387

CourtSupreme Court of Louisiana

DecidedJune 13, 2014

DocketNo. 2013-KO-2747

StatusPublished

Cited by2 cases

This text of 140 So. 3d 712 (State v. Baskin) 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. Baskin, 140 So. 3d 712, 2014 WL 2694195, 2014 La. LEXIS 1387 (La. 2014).

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Opinion

PER CURIAM.

h Granted in part. The trial court erred in adjudicating and sentencing defendant as a fourth offender for purposes of La. R.S. 15:529.1 in part on the basis of his 2005 federal conviction for violation of 8 U.S.C. § 1324. To qualify for use in habitual offender proceedings, a conviction in another state or under federal law must involve a crime “which, if committed in this state would be a felony.” La.R.S. 15:529.1(A). The federal crime defined in 8 U.S.C. § 1324 addresses the bringing into the United States, and the harboring of certain aliens in an illegal manner (as specified), or the knowing transportation of illegal aliens within the United States, and invokes the plenary federal authority over immigration. There is no comparable provision in Louisiana law, felony or misdemeanor. Defendant’s adjudication and sentence as a fourth offender are therefore vacated and this case is remanded to the district court for the resentencing of defendant as a third felony offender. In all other respects, the application is denied.

GUIDRY, J., recused.

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PER CURIAM.

h Granted in part. The trial court erred in adjudicating and sentencing defendant as a fourth offender for purposes of La. R.S. 15:529.1 in part on the basis of his 2005 federal conviction for violation of 8 U.S.C. § 1324. To qualify for use in habitual offender proceedings, a conviction in another state or under federal law must involve a crime “which, if committed in this state would be a felony.” La.R.S. 15:529.1(A). The federal crime defined in 8 U.S.C. § 1324 addresses the bringing into the United States, and the harboring of certain aliens in an illegal manner (as specified), or the knowing transportation of illegal aliens within the United States, and invokes the plenary federal authority over immigration. There is no comparable provision in Louisiana law, felony or misdemeanor. Defendant’s adjudication and sentence as a fourth offender are therefore vacated and this case is remanded to the district court for the resentencing of defendant as a third felony offender. In all other respects, the application is denied.

GUIDRY, J., recused.

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Bluebook (online)

140 So. 3d 712, 2014 WL 2694195, 2014 La. LEXIS 1387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-baskin-la-2014.

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