Cited by
Opinions in Louisiana that cite State v. Shaw, 969 So. 2d 1233.
- State v. Alexander 119 So. 3d 120 La. Ct. App. 1st Cir. 2013
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State of Louisiana v. Michael James Lacour
La. Ct. App. 3d Cir. 2013
11/27/07), the supreme court stated: [T]he starting point in the interpretation of any statute is the language of the statute itself.
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State v. Austin
113 So. 3d 306
La. Ct. App. 1st Cir. 2013
11/27/07), , the Louisiana Supreme Court held that LSA-R.S.
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State of Louisiana v. Brandon Newton
La. Ct. App. 3d Cir. 2013
State v. Shaw, 06-2467, p. 14 (La.11/27/07)
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State v. Newton
129 So. 3d 11
La. Ct. App. 1st Cir. 2013
State v. Shaw, 06-2467, p. 14 (La.11/27/07), .
- State of Louisiana v. Michael Wayne Jones La. Ct. App. 3d Cir. 2012
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State v. Jones
105 So. 3d 246
La. Ct. App. 1st Cir. 2012
State v. Shaw, 06-2467 (La.11/27/07), .
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Smith v. State
84 So. 3d 487
La. 2012
In State v. Shaw, 06-2467 (La.11/27/07), , this court examined classification of a multiple offender as it relates to enhancing a sentence under the habitual offender statute.
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State of Louisiana v. Brandon Dale Allen
La. Ct. App. 3d Cir. 2011
11/27/07), -44, 1245 (footnote omitted), the supreme court found that the trial court did not err in enhancing all five of defendant‟s sentences based upon his adjudication as a third felony offender, stating: As we have explained, the habitual offender statute was enacted “as a deterren
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State v. Allen
79 So. 3d 1220
La. Ct. App. 1st Cir. 2011
In State v. Shaw, 06-2467, pp. 17-18, 20 (La.11/27/07), -44, 1245 (footnote omitted), the supreme court found that the trial court did not err in enhancing all five of defendant’s sentences based upon his adjudication as a third felony offender, stating: As we have explained, the habitual offender statute was enacted “as a deterrent and a warning to first offenders an
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State v. Dowell
75 So. 3d 967
La. Ct. App. 1st Cir. 2011
See Dowell, unpub., 09-0260, pp. 5-6, , citing State v. Shaw, 06-2467, p. 20 (La.11/27/07), (sentences from multiple convictions obtained on the same date may be enhanced under the Habitual Offender Law, La.
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State v. Bobo
77 So. 3d 1
La. Ct. App. 2d Cir. 2011
The supreme court held in State v. Shaw, 2006-2467 (La.11/27/07), , that all sentences for convictions on the same date for a single course of criminal conduct are subject to enhancement under the Habitual Offender Law, overruling State ex rel.
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State of Louisiana v. Ricky Joseph Langley
La. Ct. App. 3d Cir. 2011
11/27/07), sets forth the applicable law when interpreting a statute, explaining, in pertinent part: [W]e begin our analysis with the proposition that the starting point in the interpretation of any statute is the language of the statute itself.
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State v. Langley
61 So. 3d 747
La. Ct. App. 1st Cir. 2011
State v. Shaw, 06-2467 (La.11/27/07), , sets forth the applicable law when interpreting a statute, explaining, in pertinent part: *777 [W]e begin our analysis with the proposition that the starting point in the interpretation of any statute is the language of the statute itself.
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State v. Morgan
63 So. 3d 261
La. Ct. App. 1st Cir. 2011
In the fourth appeal, this Court cited State v. Shaw, 06-2467 (La.11/27/07), , wherein the Louisiana Supreme Court stated that there is no statutory bar to applying the habitual offender law in sentencing for more than one conviction obtained on the same date, whether the convictions result from separate felonies committed at separate times or arise out of a single criminal act or episode.
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State v. Kumar
58 So. 3d 544
La. Ct. App. 2d Cir. 2011
14:3; State v. Shaw, 2006-2467 (La.11/27/07), ; State v. Armstard, supra.
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State v. Watts
41 So. 3d 625
La. Ct. App. 1st Cir. 2010
In State v. Shaw, 06-2467 (La.11/27/07), , the Louisiana Supreme Court summarized the pertinent law relating to the interpretation of criminal statutes: [W]e begin our analysis with the proposition that the starting point in the interpretation of any statute is the language of the statute itself.
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State v. LANDOR
34 So. 3d 1166
La. Ct. App. 1st Cir. 2010
11/27/07), -45 ; State v. Pearson, 03-652 (La.
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State v. Morgan
34 So. 3d 909
La. Ct. App. 1st Cir. 2010
15:529.1(B) to provide that “[m]ultiple convictions obtained on the same day prior to October 19, 2004, shall be counted as one conviction for the purpose of this Section.” State v. Shaw, 06-2467, p. 19 (La.11/27/07), -45 .
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State v. Montgomery
31 So. 3d 560
La. Ct. App. 2d Cir. 2010
The supreme court in State v. Shaw, 06-2467 (La.11/27/07), , held that a previous conviction could be used as a predicate offense to again enhance a defendant’s sentence as a second felony offender.
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State v. London
28 So. 3d 1150
La. Ct. App. 5th Cir. 2009
15:529.1 has required that “for sentence enhancement purposes, the subsequent felony must be committed after the predicate conviction or convictions.” The Louisiana Supreme Court reiterated this requirement in State v. Shaw, 06-2467, p. 13 (La.11/27/07), .
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Foti v. Holliday
27 So. 3d 813
La. 2009
State v. Shaw, 06-2467, p. 15 (La.11/27/07), .
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State v. Dowell
17 So. 3d 523
La. Ct. App. 4th Cir. 2009
11/27/07), (sentences from multiple convictions obtained on the same date may be enhanced under the Habitual Offender Law, La.
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State v. Cass
17 So. 3d 486
La. Ct. App. 2d Cir. 2009
defense responds that: • the starting point in the interpretation of the habitual offender statute is the language of the statute itself; • the purpose of the statute is to deter and punish recidivism; • the supreme court has already noted that the armed robbery and the attempted rape were “inseparably intertwined,” State v. Cass, supra, 356 So.2d at 939; • State v. Shaw, 2006-2467 (La.11/27/07), , is inapplicable, in that it dealt with enhancement of the penalties for multiple subsequent convic
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State v. Harvey
12 So. 3d 496
La. Ct. App. 4th Cir. 2009
11/27/07), , appellant could be sentenced as a multiple offender on both convictions.
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State v. Crosby
6 So. 3d 1281
La. Ct. App. 2d Cir. 2009
State v. Shaw, 06-2467 (La.11/27/07), , citing Rock v. Arkansas, 483 U.S. 44, 51-53 , 107 S.Ct.
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State v. Warren
2 So. 3d 523
La. Ct. App. 2d Cir. 2008
2d Cir.8/23/06), , writ granted, 2006-2467 (La.5/18/07), , affirmed, 2006-2467 (La.11/27/07), .
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State of Louisiana v. Ronnie White-Hardison
La. Ct. App. 3d Cir. 2008
11/27/07), : An accused’s right to testify is a fundamental right of constitutional dimension.
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State v. WHITE-HARDISON
998 So. 2d 939
La. Ct. App. 3d Cir. 2008
The supreme court discussed a defendant's right to testify in State v. Shaw, 06-2467, pp. 21-22 (La.11/27/07), , 1246: An accused's right to testify is a fundamental right of constitutional dimension.
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Overruled
State v. Baylor
998 So. 2d 800
La. Ct. App. 3d Cir. 2008
State v. Shaw, 06-2467, p. 20 (La.11/27/07), .
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State v. Wright
997 So. 2d 133
La. Ct. App. 2d Cir. 2008
11/27/2007), , we note that there is no statutory bar that would have prevented the trial court from applying the habitual offender law in Wright's sentencing for more than one conviction obtained on the same date.
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State v. Armstard
991 So. 2d 116
La. Ct. App. 2d Cir. 2008
State v. Shaw, 2006-2467 (La.11/27/07), ; Theriot v. Midland Risk Ins.
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State v. Robbins
986 So. 2d 828
La. Ct. App. 2d Cir. 2008
Three months after the habitual offender sentences were imposed, the Louisiana Supreme Court in State v. Shaw, 06-2467 (La.11/27/07), , held that the Habitual Offender Law did not bar enhancement of more than one conviction obtained on the same date and arising out *835 of a single criminal episode or course of conduct, overruling State ex rel.
- State v. Boyd 978 So. 2d 1259 La. Ct. App. 1st Cir. 2008