State v. Lemoine

Supreme Court of Louisiana

State v. Lemoine

245 So. 3d 1036

Supreme Court of Louisiana·Decided June 15, 2018·No. No. 2017–K–1984·Published

Opinion

GENOVESE, J., would grant.

CRICHTON, J., would grant and assign reasons:

While it appears defendant committed the crime of theft, as I noted previously in my dissent to State v. Lemoine , 15-1120 (La. 5/3/17), 222 So.3d 688, even the precise amount of that theft cannot be ascertained beyond a reasonable doubt based upon the evidence presented by the State. Therefore, I would grant the defendant's application and enter an order of acquittal.

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GENOVESE, J., would grant.

CRICHTON, J., would grant and assign reasons:

While it appears defendant committed the crime of theft, as I noted previously in my dissent to State v. Lemoine , 15-1120 (La. 5/3/17), 222 So.3d 688, even the precise amount of that theft cannot be ascertained beyond a reasonable doubt based upon the evidence presented by the State. Therefore, I would grant the defendant's application and enter an order of acquittal.

State v. Lemoine, 245 So. 3d 1036 (La. 2018).

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Opinion

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