State v. Green

Supreme Court of Louisiana

State v. Green

610 So. 2d 808, 1993 La. LEXIS 129, 1993 WL 10227

CourtSupreme Court of Louisiana

DecidedJanuary 15, 1993

DocketNo. 92-K-2577

StatusPublished

Cited by1 cases

This text of 610 So. 2d 808 (State v. Green) 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. Green, 610 So. 2d 808, 1993 La. LEXIS 129, 1993 WL 10227 (La. 1993).

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Opinion

In re State of Louisiana; — Plaintiff(s); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 23935-KA; Parish of Webster, 26th Judicial District Court, Div. “E”, No. 54981.

Granted. While the better practice is to amend any indictment or information in writing, no formal amendment of the instant information was required because the crime to which the defendant pleaded guilty, simple burglary, is a lesser and included offense of the crime charged in the original bill of information, simple burglary of an inhabited dwelling. State v. Green 263 La. 837; 269 So.2d 460 (1972); State v. Hoffman, 345 So.2d 1 (La.1977); State v. Hardan, 501 So.2d 848 (La.App. 5th Cir.1987). Accordingly, the decision of the circuit court is reversed and the case is remanded to that court for consideration of the merits of the defendant’s appeal.

WATSON, J., not on panel.

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In re State of Louisiana; — Plaintiff(s); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 23935-KA; Parish of Webster, 26th Judicial District Court, Div. “E”, No. 54981.

Granted. While the better practice is to amend any indictment or information in writing, no formal amendment of the instant information was required because the crime to which the defendant pleaded guilty, simple burglary, is a lesser and included offense of the crime charged in the original bill of information, simple burglary of an inhabited dwelling. State v. Green 263 La. 837; 269 So.2d 460 (1972); State v. Hoffman, 345 So.2d 1 (La.1977); State v. Hardan, 501 So.2d 848 (La.App. 5th Cir.1987). Accordingly, the decision of the circuit court is reversed and the case is remanded to that court for consideration of the merits of the defendant’s appeal.

WATSON, J., not on panel.

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610 So. 2d 808, 1993 La. LEXIS 129, 1993 WL 10227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-green-la-1993.

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