State v. Roland

Supreme Court of Louisiana

State v. Roland

865 So. 2d 692, 2004 La. LEXIS 20, 2004 WL 68011

CourtSupreme Court of Louisiana

DecidedJanuary 16, 2004

DocketNo. 2003-KO-1930

StatusPublished

Cited by1 cases

This text of 865 So. 2d 692 (State v. Roland) 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.

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State v. Roland, 865 So. 2d 692, 2004 La. LEXIS 20, 2004 WL 68011 (La. 2004).

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Opinion

LPER CURIAM.

Granted in part; otherwise denied. The record below is insufficient to determine the merits of defendant’s ineffective assistance of counsel claim addressing the failure of counsel to request a jury instruction listing criminal trespass as a responsive verdict to the charged offense of unauthorized entry of an inhabited dwelling in violation of La.R.S. 14:62.3. Accordingly, we reverse that portion of the court of appeal’s decision purporting to reject the claim on the merits, but otherwise affirm the defendant’s conviction and sentence in all other respects, and refer the defendant to post-conviction proceedings. See State v. Armstrong, 02-2464 (La.9/5/03), 855 So.2d 731; see also State v. Simmons, 01-0293, pp. 6-7 (La.5/14/02), 817 So.2d 16, 21 (criminal trespass is a lesser and included offense of unauthorized entry of an inhabited dwelling, entitling defendant charged with the latter offense to instruction on the former, particularly when defendant would have escaped sentencing as multiple offender had he been convicted of a misdemeanor); State v. Hernandez, 02-0340 (La.App. 5th Cir.7/30/02), 824 So.2d 529 (same). 1 ^Accordingly, defendant’s claim of ineffective assistance shall not be [693]*693considered fully litigated on direct appeal for purposes of La.C.Cr.P. art. 930.4(A). See State v. Robinson, 01-1373, p. 1 (La.4/26/02), 816 So.2d 846. In all other respects, the application is denied.

TRAYLOR, J., would deny the writ.

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LPER CURIAM.

Granted in part; otherwise denied. The record below is insufficient to determine the merits of defendant’s ineffective assistance of counsel claim addressing the failure of counsel to request a jury instruction listing criminal trespass as a responsive verdict to the charged offense of unauthorized entry of an inhabited dwelling in violation of La.R.S. 14:62.3. Accordingly, we reverse that portion of the court of appeal’s decision purporting to reject the claim on the merits, but otherwise affirm the defendant’s conviction and sentence in all other respects, and refer the defendant to post-conviction proceedings. See State v. Armstrong, 02-2464 (La.9/5/03), 855 So.2d 731; see also State v. Simmons, 01-0293, pp. 6-7 (La.5/14/02), 817 So.2d 16, 21 (criminal trespass is a lesser and included offense of unauthorized entry of an inhabited dwelling, entitling defendant charged with the latter offense to instruction on the former, particularly when defendant would have escaped sentencing as multiple offender had he been convicted of a misdemeanor); State v. Hernandez, 02-0340 (La.App. 5th Cir.7/30/02), 824 So.2d 529 (same). 1 ^Accordingly, defendant’s claim of ineffective assistance shall not be [693]*693considered fully litigated on direct appeal for purposes of La.C.Cr.P. art. 930.4(A). See State v. Robinson, 01-1373, p. 1 (La.4/26/02), 816 So.2d 846. In all other respects, the application is denied.

TRAYLOR, J., would deny the writ.

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865 So. 2d 692, 2004 La. LEXIS 20, 2004 WL 68011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-roland-la-2004.

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