2020KW0918 Nonprecedential Writ denied Processed

State Of Louisiana v. JerXavier Lane

Louisiana Court of Appeal, First Circuit · Filed December 7, 2020

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Nichols 337 So. 2d 1074
State v. Staden 154 So. 3d 579
State ex rel. Harvey v. State 171 So. 3d 945

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0918

VERSUS

JERXAVIER LANE DECEMBER 07, 2020

In Re: JerXavier Lane, applying for supervisory writs, 20th
Judicial District Court, Parish of West Feliciana, No.
16- WFLN- 616.

BEFORE: HIGGINBOTHAM, THERIOT, AND WOLFE, JJ.

WRIT DENIED. An accused who commits separate and distinct
offenses during the same criminal episode or
transaction may be
prosecuted and convicted for each offense without violating the
principle of double jeopardy. State v. Nichols, 337 So. 2d 1074,
1078 ( La. 1976); State v. Staden, 2014- 0459 ( La. App, lst Cir.
9/ 24/ 14), 154 So. 3d 579, 584, writ denied, 2014-- 2254 ( La.
6/ 5/ 15), 171 So. 3d 945. Relator admitted to and was sentenced

for committing two separate and distinct acts of battery against
two different correctional
facility employees when he entered
the nolo contendere pleas. Therefore, his allegation of a
double jeopardy violation for multiple punishments for a single
offense is without merit on its face. Accordingly, the district
court did not err by denying the motion to amend, modify, or
reconsider sentence.

TMH
MRT
EW

COURT OF APPEAL, FIRST CIRCUIT
t

DEPUTY L RK OF COURT
FOR THE COURT

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