State v. Barr
State v. Barr, 781 So. 2d 1249 (La. 2001).
Cited by
- State Of Louisiana v. Trey A. Johnson La. Ct. App. 1st Cir. 2024
- State of Louisiana v. Mark B. Brignac La. Ct. App. 3d Cir. 2010
- State v. Brignac 49 So. 3d 960 La. Ct. App. 1st Cir. 2010
- State v. Barr 806 So. 2d 137 La. Ct. App. 3d Cir. 2001
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Hornung 620 So. 2d 816
- State v. Swan 544 So. 2d 1204
Opinion text
781 So.2d 1249 (2001) STATE of Louisiana v. Steve Michael BARR. No. 2000-KP-1787. Supreme Court of Louisiana. March 9, 2001. *1250 PER CURIAM: Granted for the sole purpose of transferring the application to the Third Circuit Court of Appeal for consideration as an appeal. To the extent that La.R.S. 14:40.2(B)(1) provides for a penalty in excess of six months in jail, it defines an offense triable by a jury. La. Const. art. I, § 17; La.C.Cr.P. art. 779(A). Moreover, to the extent that the defendant faced a total sentencing exposure exceeding six months imprisonment following the consolidation of the four bills of information for trial, the defendant became entitled to a jury trial as to all of the charged misdemeanor offenses. State v. Hornung, 620 So.2d 816, 817 (La.1993). The defendant's remedy upon conviction and sentence was therefore by appeal and not by supervisory review. La. Const. art. V, § 10(A)(3); La.C.Cr.P. art. 912.1(B); State v. Swan, 544 So.2d 1204, 1206, n. 3 (La. App. 1st Cir.1989). LEMMON, J., concurs, but would not base the decision, even in part, on State v. Hornung, 620 So.2d 816 (La. 1973), in which I dissented.