2021KW0645 Nonprecedential Writ granted Processed

State Of Louisiana v. Connie Chartin

Louisiana Court of Appeal, First Circuit · Filed August 16, 2021

Authorities cited

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State v. Nazar 675 So. 2d 780

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0645

VERSUS

CONNIE CHARTIN AUGUST 16, 2021

In Re: Connie Chartin, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No.

582533.

BEFORE: McDONALD, LANIER, AND WOLFE, JJ.

WRIT GRANTED. Relator' s conviction of disturbing the peace
was not a responsive verdict to the charge of simple battery,
and it is not considered a lesser included offense. See La.

Code Crim. P. arts. 814 and 815. We, therefore, modify
relator' s conviction of disturbing the peace to the lesser
included offense of simple assault, vacate the sentence, and

remand for resentencing. See La. Code Crim. P. art. 821( E); see

also State v. Nazar, 96- 0175 ( La. App. 4th Cir. 5/ 22/ 96), 675
So. 2d 780.

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COURT OF APPEAL, FIRST CIRCUIT

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