State v. Langlois

Supreme Court of Louisiana

State v. Langlois

703 So. 2d 1281, 1997 La. LEXIS 3758, 1997 WL 741466

CourtSupreme Court of Louisiana

DecidedNovember 14, 1997

DocketNo. 97-K-1491

StatusPublished

Cited by1 cases

This text of 703 So. 2d 1281 (State v. Langlois) 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. Langlois, 703 So. 2d 1281, 1997 La. LEXIS 3758, 1997 WL 741466 (La. 1997).

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Opinion

In re State of Louisiana; — Plaintiffs); applying for writ of certiorari and/or review; Parish of Orleans, Criminal District Court, Div. “F”, No. 338-309; to the Court of Appeal, Fourth Circuit, No. 96KA-0084.

Granted in part; denied in part. Louisiana law governs the applicability of the cleansing period provided by R.S. 15:529.1(0 to prior convictions used to enhance the defendant’s conviction following conviction of a felony committed in this state. State v. Hamilton, 356 So.2d 1360, 1366 (La.1978) (“Recidivism is an area of peculiar importance and traditional concern to the state which is charged with protection of the public and rehabilitation of the criminal who has committed an offense within its jurisdiction”); State v. Anderson, 349 So.2d 311, 314 (La.1977). On remand, the state is not precluded from proceeding with another habitual offender hearing at which time it may present duly authenticated evidence on the question of whether, and if so, when, the defendant was actually discharged from all state custody, including parole supervision, by the Florida Department of Correction on his 1968 [1282]*1282conviction. State ex rel. Wilson v. Maggio, 422 So.2d 1121, 1123 (La.1982); La.R.S. 15:529.1(C).

LEMMON, J., would grant and docket. TRAYLOR, J., not on panel.

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In re State of Louisiana; — Plaintiffs); applying for writ of certiorari and/or review; Parish of Orleans, Criminal District Court, Div. “F”, No. 338-309; to the Court of Appeal, Fourth Circuit, No. 96KA-0084.

Granted in part; denied in part. Louisiana law governs the applicability of the cleansing period provided by R.S. 15:529.1(0 to prior convictions used to enhance the defendant’s conviction following conviction of a felony committed in this state. State v. Hamilton, 356 So.2d 1360, 1366 (La.1978) (“Recidivism is an area of peculiar importance and traditional concern to the state which is charged with protection of the public and rehabilitation of the criminal who has committed an offense within its jurisdiction”); State v. Anderson, 349 So.2d 311, 314 (La.1977). On remand, the state is not precluded from proceeding with another habitual offender hearing at which time it may present duly authenticated evidence on the question of whether, and if so, when, the defendant was actually discharged from all state custody, including parole supervision, by the Florida Department of Correction on his 1968 [1282]*1282conviction. State ex rel. Wilson v. Maggio, 422 So.2d 1121, 1123 (La.1982); La.R.S. 15:529.1(C).

LEMMON, J., would grant and docket. TRAYLOR, J., not on panel.

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Bluebook (online)

703 So. 2d 1281, 1997 La. LEXIS 3758, 1997 WL 741466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-langlois-la-1997.

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