State v. Leemans

Supreme Court of Louisiana

State v. Leemans

362 So. 2d 1113, 1978 La. LEXIS 6688

CourtSupreme Court of Louisiana

DecidedSeptember 14, 1978

DocketNo. 60949

StatusPublished

This text of 362 So. 2d 1113 (State v. Leemans) 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. Leemans, 362 So. 2d 1113, 1978 La. LEXIS 6688 (La. 1978).

Pincite

Opinion

PER CURIAM.

Defendant Fred H. Leemans was charged by bill of information with willfully and unlawfully keeping a disorderly place “by maintaining 310 St. Charles Avenue as a place to be used habitually for an illegal purpose, to-wit: Prostitution” in violation of La. R.S. 14:104. The offense was alleged to have been committed on June 29, 1973. On July 17, 1974, the defendant was tried before the judge alone and was found guilty as charged. Subsequently he was sentenced to pay four hundred fifty dollars ($450) and in default thereof to serve five (5) months in the parish prison. Relying on two assignments of error, the defendant now appeals his conviction and sentence to this Court.

The state has filed a motion to dismiss this appeal on the ground that since the offense with which the defendant was charged and of which he was found guilty, La. R.S. 14:104, carries a maximum penalty of six (6) months imprisonment or a five hundred dollar ($500) fine, the case is not appealable of right to this Court under Article 5, Section 5(D)(2) of the Louisiana Constitution of 1974. While defendant would not have an appeal of right if the provisions of the 1974 Constitution applied, the defendant was sentenced and appeal was moved for on his behalf prior to the effective date of the 1974 Constitution. Under the 1921 Constitution this Court’s appellate jurisdiction extended to criminal cases “which a fine exceeding three hundred dollars . . . has been actually imposed.” La.Const., Art. 7, § 10 (1921). This Court has previously held that where a defendant was sentenced and properly appealed prior to the effective date of the 1974 Constitution, his appeal is unaffected by the provisions of the new constitution. State v. Stoltz, 358 So.2d 1249 (La.1978). Thus defendant, who was given a $450 fine, is properly before this Court on appeal. The state’s motion to dismiss is denied.

Nevertheless, we have reviewed defendant’s assigned errors, both relative to the denial of a motion for judgment of acquittal and find them to be without merit. The state introduced at least some evidence of each of the essential elements of the crime of keeping a disorderly place and of defendant’s connection therewith. Thus there is no error of law in the denial of the defendant’s motion. See, e. g. State v. Blackstone, 347 So.2d 193 (La.1977).

Accordingly, defendant’s conviction and sentence are affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Defendant Fred H. Leemans was charged by bill of information with willfully and unlawfully keeping a disorderly place “by maintaining 310 St. Charles Avenue as a place to be used habitually for an illegal purpose, to-wit: Prostitution” in violation of La. R.S. 14:104. The offense was alleged to have been committed on June 29, 1973. On July 17, 1974, the defendant was tried before the judge alone and was found guilty as charged. Subsequently he was sentenced to pay four hundred fifty dollars ($450) and in default thereof to serve five (5) months in the parish prison. Relying on two assignments of error, the defendant now appeals his conviction and sentence to this Court.

The state has filed a motion to dismiss this appeal on the ground that since the offense with which the defendant was charged and of which he was found guilty, La. R.S. 14:104, carries a maximum penalty of six (6) months imprisonment or a five hundred dollar ($500) fine, the case is not appealable of right to this Court under Article 5, Section 5(D)(2) of the Louisiana Constitution of 1974. While defendant would not have an appeal of right if the provisions of the 1974 Constitution applied, the defendant was sentenced and appeal was moved for on his behalf prior to the effective date of the 1974 Constitution. Under the 1921 Constitution this Court’s appellate jurisdiction extended to criminal cases “which a fine exceeding three hundred dollars . . . has been actually imposed.” La.Const., Art. 7, § 10 (1921). This Court has previously held that where a defendant was sentenced and properly appealed prior to the effective date of the 1974 Constitution, his appeal is unaffected by the provisions of the new constitution. State v. Stoltz, 358 So.2d 1249 (La.1978). Thus defendant, who was given a $450 fine, is properly before this Court on appeal. The state’s motion to dismiss is denied.

Nevertheless, we have reviewed defendant’s assigned errors, both relative to the denial of a motion for judgment of acquittal and find them to be without merit. The state introduced at least some evidence of each of the essential elements of the crime of keeping a disorderly place and of defendant’s connection therewith. Thus there is no error of law in the denial of the defendant’s motion. See, e. g. State v. Blackstone, 347 So.2d 193 (La.1977).

Accordingly, defendant’s conviction and sentence are affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

362 So. 2d 1113, 1978 La. LEXIS 6688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-leemans-la-1978.

Opinion

Related

Cite This Page — Counsel Stack