State Of Louisiana v. Clarence Billy Burkette

Supreme Court of Louisiana
February 17, 2021
Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
CLARENCE
BILLY BURKETTE
No.2020-KK-01328
_ _
_ _ _ _
I
N RE: Clarence Billy Burkette - Applicant Defendant; Applying For Supervisory
Writ, Parish of East Feliciana, 20th Judicial District Court Number(s) 18-CR-720,
1st Circuit Court of Appeal, Number(s) 2020-KW-0734;
_ _ _ _ _ _
February 17, 2021
Writ application granted. See per curiam.
Crichton, J., dissents.
Crain, J., dissents.
McCallum, J., dissents.
JDH
JLW
JTG
PDG
02/17/2021 "See News Release 007 for any Concurrences and/or Dissents."

1
SUPREME COURT OF LOUISIANA
No. 2020-KK-1328
STATE OF LOUISIANA
V.
CLARENCE BILLY BURKETTE
ON SUPERVISORY WRIT TO THE 20th JUDICIAL
DISTRICT COURT FOR THE PARISH OF EAST FELICIANA
PER CURIAM
Writ granted. Relator was c harged with a violation of LSA-R.S. 14 :112,
which requires the intent to obtain a “special privilege or advantage.” We find the
evidence insufficient to show that , in assisting his daughter in obtaining a driver ’s
license, relator had the intent to obtain a “special advantage.” We therefore reverse
and vacate relator’s conviction and sentence.
CONVICTION REVERSED; SENTENCE VACATED.
02/17/21