State v. Stewart

Supreme Court of Louisiana

State v. Stewart

480 So. 2d 736, 1986 La. LEXIS 5460

CourtSupreme Court of Louisiana

DecidedJanuary 13, 1986

DocketNo. 85-K-1334

StatusPublished

This text of 480 So. 2d 736 (State v. Stewart) 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. Stewart, 480 So. 2d 736, 1986 La. LEXIS 5460 (La. 1986).

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In re Stewart, Shirley; applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. 84-KA-1070; Parish of East Baton Rouge, 19th Judicial District Court, Div. “A”, No. 1-82-781.

Prior report: La.App., 470 So.2d 578.

Writ granted with respect to assignment of error No. 1; otherwise denied. In relator’s assignment of error No. 1 he complains of the two year sentence imposed by the trial judge under La.Rev.Stat.Ann. 14:95.2. The assignment is meritorious. Neither that statute nor any allegation of firearm use appears in the bill of information. Relator may thus not be convicted or sentenced under R.S. 14:95.2. See State v. Jackson, 480 So.2d 263 (La.1985), No. 84-[737]*737K-1716. The conviction for violating § 14:95.2 and the corresponding imposition of the two year sentence is therefore reversed and set aside.

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In re Stewart, Shirley; applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. 84-KA-1070; Parish of East Baton Rouge, 19th Judicial District Court, Div. “A”, No. 1-82-781.

Prior report: La.App., 470 So.2d 578.

Writ granted with respect to assignment of error No. 1; otherwise denied. In relator’s assignment of error No. 1 he complains of the two year sentence imposed by the trial judge under La.Rev.Stat.Ann. 14:95.2. The assignment is meritorious. Neither that statute nor any allegation of firearm use appears in the bill of information. Relator may thus not be convicted or sentenced under R.S. 14:95.2. See State v. Jackson, 480 So.2d 263 (La.1985), No. 84-[737]*737K-1716. The conviction for violating § 14:95.2 and the corresponding imposition of the two year sentence is therefore reversed and set aside.

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480 So. 2d 736, 1986 La. LEXIS 5460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stewart-la-1986.

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