State Of Louisiana v. Shelby M. Ducote A/k/a Shelby Martin Ducote

Supreme Court of Louisiana
November 08, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
SHELBY M. DUCOTE A/K/A SHELBY MARTIN
DUCOTE
No. 2022-KK-00837
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I
N RE: Shelby M. Ducote - Applicant Defendant; Applying For Supervisory Writ,
Parish of Avoyelles, 12th Judicial District Court Number(s) 197,005, Court of
Appeal, Third Circuit, Number(s) KW 21-00678;
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November 08, 2022
Writ application granted. See per curiam.
Crain, J., dissents.
McCallum, J., dissents.
JDH
JLW
SJC
JTG
PDG
11/08/2022 "See News Release 048 for any Concurrences and/or Dissents."

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SUPREME COURT OF LOUISIANA
No. 2022-KK-00837
STATE OF LOUISIANA
VS.
SHELBY M. DUCOTE A/K/A SHELBY MARTIN DUCOTE
On Supervisory Writ to the 12th Judicial District Court, Parish of Avoyelles
PER CURIAM
Writ granted. The State has not established that the applicant ’s sentence
specifically included a term of probation with the special condition that he stay away
from all minors other than his own child.1 The judgment of the district court which
granted the State’s motion to revoke the applicant’s probation is therefore vacated
and the motion seeking the revocation of the applicant’s probation is denied.
VACATED AND RENDERED.
1 Both the trial court and the State seem to indicate in the record that such a condition was
statutorily imposed. However, such a provision has neither been cited by the parties , nor
discovered through independent research.
11/08/22