Cited by
Opinions in Louisiana that cite State v. Mayeux, 820 So. 2d 526.
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State of Louisiana Versus Alvin Joseph Adams
La. Ct. App. 5th Cir. 2024
6/21/02), ); State v. Gonzalez, 15-26 (La.
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State of Louisiana v. Tonya Avant Sandifer
La. Ct. App. 2d Cir. 2023
6/21/02), (where the Louisiana Supreme Court made an exception to this rule).
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State of Louisiana Versus Andre A. Bradley
La. Ct. App. 5th Cir. 2023
6/21/02), ); State v. Gonzalez, 15-26 (La.
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State Of Louisiana v. Walter Terell Fisher, Jr.
La. Ct. App. 1st Cir. 2019
6/ 21/ 02), - 531, also cited by the defendant, was limited to LSA-R.S.
- State Of Louisiana v. Casey Lynn Lane La. Ct. App. 1st Cir. 2019
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State v. Acevedo
273 So. 3d 462
La. Ct. App. 1st Cir. 2019
6/21/02), , there can be no dispute that the changes to La.
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State of Louisiana Versus Marvin S. Acevedo
La. Ct. App. 5th Cir. 2019
6/21/02), there can be no dispute that the changes to La.
- State v. Valadez 251 So. 3d 1273 La. Ct. App. 2d Cir. 2018
- Distinguished State ex rel. Esteen v. State 239 So. 3d 266 La. 2018
- State Ex Rel. John Esteen v. State of Louisiana 239 So. 3d 233 La. 2018
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State v. Henry
220 So. 3d 706
La. 2017
6/21/02), , is equally applicable in this case.
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State v. Logue
216 So. 3d 1140
La. Ct. App. 2d Cir. 2017
6/21/02), , the supreme court concluded that the defendant should have been sentenced under the DWI sentencing provisions at the time of conviction rather at the time of the offense.
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State v. Ross
207 So. 3d 511
La. Ct. App. 1st Cir. 2016
6/21/02), (plurality) (although ameliorative sentencing provision enacted after date of offense was not explicitly retroactive, court applied retroactively in light of legislative intent).
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State of Louisiana v. Sean Holloway
217 So. 3d 343
La. 2016
6/21/02), where “the amended version of La.
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State v. Mitchell
182 So. 3d 365
La. Ct. App. 1st Cir. 2015
5 Cir. 10/13/09) , (citing State v. Mayeaux, 01-3195 (La.6/21/02), -31 ).
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State v. Lommasson
81 So. 3d 796
La. Ct. App. 1st Cir. 2011
5 Cir. 10/13/09), , 897 n. 7, (citing State v. Mayeux, 01-3195, pp. 6-8 (La.6/21/02), -531 ).
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State v. DELVALLE
73 So. 3d 1026
La. Ct. App. 2d Cir. 2011
See and compare State v. Mayeux, 2001-3195 (La.6/21/02), .
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State v. Carlisle
23 So. 3d 898
La. 2009
Although relator’s sentence, agreed upon pursuant to a plea bargain, to a term of incarceration exceeding 60 days without ordering that he undergo a substance abuse evaluation was rendered illegal by this Court’s decision in State v. Mayeux, 01-3195, (La.6/21/02), (statutory amendment provided for *899 more lenient sentence for third or subsequent DWI offense applies upon conviction rather than date of the offense), the illegal condition ceased to exist once relator was released from prison on p
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State v. Magana
27 So. 3d 893
La. Ct. App. 1st Cir. 2009
See, State v. Mayeux, 01-3195, pp. 6-8 (La.6/21/02), -531 .
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State v. Johnson
4 So. 3d 926
La. Ct. App. 2d Cir. 2009
Olivieri v. State, 00-0172 (La.2/21/01), ; but see State v. Mayeux, 01-3195 (La.6/21/02), (where the legislative intent and ameliorative nature of a new sentencing law caused the court to apply the new law effective at the time of the defendant’s *929 conviction instead of the old law effective at the time he committed the offense).
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State v. BARBAY
985 So. 2d 749
La. Ct. App. 1st Cir. 2008
3rd Cir.12/30/05), , writ denied, XXXX-XXXX (La.10/6/06), , the defendant argues that the Supreme Court's holding in State v. Mayeux, XXXX-XXXX (La.6/21/02), , does not mandate sentencing a defendant to newer, harsher DWI penalty provisions upon conviction.
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State v. Gilson
973 So. 2d 176
La. Ct. App. 1st Cir. 2007
6/21/02), and State v. Pugh, 04-1183 (La.
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State v. Hyde
968 So. 2d 726
La. 2007
This Court made an exception to that rule in State v. Mayeux, 01-3195 (La.6/21/02), , which held that the ameliorative changes made by 2001 La.
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State of Louisiana v. James Oliver McKeehan, Jr.
La. Ct. App. 3d Cir. 2007
6/21/02), the supreme court addressed whether the 2001 amendment to La.R.S.
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State v. McKeehan
969 So. 2d 1259
La. Ct. App. 1st Cir. 2007
14:98 as follows: In State v. Mayeux, 01-3195 (La.6/21/02), , the supreme court addressed whether the 2001 amendment to La.R.S.
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State v. Dick
951 So. 2d 124
La. 2007
The legislature has made substantial changes in the penalty provisions of the statute, as well as declared that the statute must be applied retroactively In State v. Mayeux, 01-3195(La.6/21/02), , this Court considered the issue of whether those defendant already convicted of driving while intoxicated(DWI) could gain relief from the amended legislation.
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Garza v. Delta Tau Delta Fraternity Nat.
948 So. 2d 84
La. 2006
State v. Mayeux, 01-3195, p. 4 (La.6/21/02), .
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State v. Pulliam
920 So. 2d 900
La. Ct. App. 3d Cir. 2005
In State v. Mayeux, 01-3195 (La.6/21/02), , the supreme court addressed whether the 2001 amendment to La.R.S.
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State of Louisiana v. David James Pulliam
La. Ct. App. 3d Cir. 2005
6/21/02), the supreme court addressed whether the 2001 amendment to La.R.S.
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State v. Johnson
920 So. 2d 878
La. Ct. App. 5th Cir. 2005
14:98(E)(1)(a) and the jurisprudence established in State v. Mayeux, 01-3195 (La.6/21/02), and State v. Campbell, 03-3035 (La.7/6/04), .
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State v. Corbitt
917 So. 2d 33
La. Ct. App. 1st Cir. 2005
State v. Mayeux, XXXX-XXXX, p. 4 (La.6/21/02), (quoting Bailey v. United States, 516 U.S. 137, 144 , 116 S.Ct.
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State v. Corbitt
917 So. 2d 29
La. Ct. App. 1st Cir. 2005
State v. Mayeux, XXXX-XXXX, p. 4 (La.6/21/02), (quoting Bailey v. United States, 516 U.S. 137, 144 , 116 S.Ct.
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State v. Vidal
901 So. 2d 484
La. Ct. App. 5th Cir. 2005
Commenting on this section in State v. Mayeux, 01-3195 (La.6/21/02), , the Louisiana Supreme Court explained "the legislature has clearly stated its intention to embrace treatment measures in preference to incarceration."
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State v. Pugh
906 So. 2d 532
La. Ct. App. 1st Cir. 2005
State v. Mayeux, XXXX-XXXX, pp. 5-8 (La.6/21/02), -531 .
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State v. Simms
892 So. 2d 111
La. Ct. App. 5th Cir. 2004
See, State v. Mayeux, 01-3195 (La.6/21/02), -529 .
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State v. Campbell
877 So. 2d 112
La. 2004
DISCUSSION Recently, this court addressed the amendments made by the Legislature to the sentencing provisions for third or subsequent DWI offenses in State v. Mayeux, 01-3195 (La.6/21/02), .
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State v. Parker
871 So. 2d 317
La. 2004
While it found the legal principles on which Sugasti was based "unassailable" when applied to the individual crimes addressed in Act 403, the court of appeal found the instant case is more analogous to State v. Mayeux, 01-3195 (La.6/21/02), , which was rendered on the same day as the Sugasti decision.
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State v. Blanchard
861 So. 2d 657
La. Ct. App. 5th Cir. 2003
State v. Mayeux, 01-3195, p. 2 (La.6/21/02), .
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State v. Williams
862 So. 2d 108
La. Ct. App. 5th Cir. 2003
In reaching this decision, the First Circuit first differentiated their case from the Louisiana Supreme Court's decision in State v. Sugasti, 01-3407 (La.6/21/02), , and analogized Parker's situation to the one in State v. Mayeux, 01-3195 (La.6/21/02), .
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State v. Bates
859 So. 2d 841
La. Ct. App. 2d Cir. 2003
15:529.1 in existence at the time the defendant committed the instant offense, rather than the version in existence at the time he was convicted of the third felony, citing State v. Mayeux, 01-3195 (La.6/21/02), , in which the Louisiana Supreme Court held that the version of the DWI statute in effect at the sentencing of the offense applied because the statute provided for its application "upon conviction" rather than upon commission of the third felony.
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State v. Bell
855 So. 2d 946
La. Ct. App. 2d Cir. 2003
In accordance with the ruling of the supreme court in State v. Mayeux, 01-3195 (La.06/21/02), , we vacate defendant's sentence and remand the matter for resentencing.
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State v. Byrd
850 So. 2d 1128
La. Ct. App. 2d Cir. 2003
The frightening reality is that the remainder of this sentence of imprisonment must be suspended, by legislative mandate, and the offender is to undergo substance abuse treatment as per State v. *1129 Mayeux, 01-3195 (La.6/21/02), .
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State v. Decrevel
847 So. 2d 1197
La. 2003
See State v. Mayeux, 01-3195 (La.6/21/02), .
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State v. Orange
845 So. 2d 570
La. Ct. App. 1st Cir. 2003
The recent case of State v. Mayeux, 01-3195 (La.6/21/02), , applied the penalty provision of the 2001 amendment, by 2001 La.
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State v. Self
842 So. 2d 1240
La. Ct. App. 2d Cir. 2003
*1244 Based on the ruling of the Supreme Court of Louisiana in State v. Mayeux, 01-3195 (La.6/21/02), , we are constrained to vacate the sentence imposed and remand for resentencing.
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State v. Vu
846 So. 2d 67
La. Ct. App. 5th Cir. 2003
He relies upon State v. Mayeux, 01-3195 (La.6/21/02), .
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State v. Feaster
840 So. 2d 675
La. Ct. App. 2d Cir. 2003
Regarding the DWI sentence, however, the trial court imposed sentence on June 10, 2002, immediately before the ruling of the Louisiana Supreme Court in State v. Mayeux, 01-3195 (La.6/21/02), .
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State v. Parker
845 So. 2d 546
La. Ct. App. 1st Cir. 2003
This application of the habitual offender statute is consistent with the decision of the Louisiana Supreme Court in State v. Mayeux, 01-3195 (La.6/21/02), , which was rendered on the same day as the Sugasti decision.
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State v. Lokey
840 So. 2d 653
La. Ct. App. 5th Cir. 2003
14:98E(1)(a) and State v. Mayeux, 01-3195 (La.6/21/02), .
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State v. Eppinette
838 So. 2d 189
La. Ct. App. 2d Cir. 2003
See State v. Mayeux, 01-3195 (La.06/21/02), .