State v. Lavigne

Supreme Court of Louisiana

State v. Lavigne

623 So. 2d 1343, 1993 La. LEXIS 2677, 1993 WL 382107

CourtSupreme Court of Louisiana

DecidedSeptember 24, 1993

DocketNo. 93-KK-1537

StatusPublished

This text of 623 So. 2d 1343 (State v. Lavigne) 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. Lavigne, 623 So. 2d 1343, 1993 La. LEXIS 2677, 1993 WL 382107 (La. 1993).

Pincite

Opinion

PER CURIAM.

Granted.

Defendant was charged with disturbing the peace in violation of R.S. 14:103, by repetitively shooting a gun at all hours of the day and night in such a manner as would foresee-ably disturb or alarm the public. He was convicted and sentenced to 30 days in jail. Additionally, the court, without notice, written charges and a hearing, revoked a previous 90-day probated sentence for disturbing the peace and ordered the sentences served consecutively. The court of appeal denied defendant’s writ application.

We grant defendant’s application and reverse and set aside the conviction for disturbing the peace and the revocation of defendant’s probation. The essential elements of R.S. 14:103(A)(2) were not proved by sufficient evidence. Specifically, there was insufficient evidence that defendant himself fired a gun on his own property or had specific intent to deride, offend or annoy his neighbors, or that the offended persons were in a street or other public place. State v. DeSha-zo,. 504 So.2d 963 (La.App.lst Cir.1987); State v. McCoy, 546 So.2d 240 (La.App.2d Cir.1989). Defendant is ordered discharged on the charge of disturbing the peace on October 16, 1992.

The revocation of probation is reversed and set aside because of a total lack of compliance with LSA-C.Cr.P. arts. 899, 900 and 901, that is, lack of notice, written charges and a revocation hearing.

DENNIS, J., not on panel.

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PER CURIAM.

Granted.

Defendant was charged with disturbing the peace in violation of R.S. 14:103, by repetitively shooting a gun at all hours of the day and night in such a manner as would foresee-ably disturb or alarm the public. He was convicted and sentenced to 30 days in jail. Additionally, the court, without notice, written charges and a hearing, revoked a previous 90-day probated sentence for disturbing the peace and ordered the sentences served consecutively. The court of appeal denied defendant’s writ application.

We grant defendant’s application and reverse and set aside the conviction for disturbing the peace and the revocation of defendant’s probation. The essential elements of R.S. 14:103(A)(2) were not proved by sufficient evidence. Specifically, there was insufficient evidence that defendant himself fired a gun on his own property or had specific intent to deride, offend or annoy his neighbors, or that the offended persons were in a street or other public place. State v. DeSha-zo,. 504 So.2d 963 (La.App.lst Cir.1987); State v. McCoy, 546 So.2d 240 (La.App.2d Cir.1989). Defendant is ordered discharged on the charge of disturbing the peace on October 16, 1992.

The revocation of probation is reversed and set aside because of a total lack of compliance with LSA-C.Cr.P. arts. 899, 900 and 901, that is, lack of notice, written charges and a revocation hearing.

DENNIS, J., not on panel.

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623 So. 2d 1343, 1993 La. LEXIS 2677, 1993 WL 382107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lavigne-la-1993.

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