State Of Louisiana v. Trey A. Johnson

STATE OF LOUISIANA NO. 2024 KW 0610

VERSUS

TREY A. JOHNSON SEPTEMBER 23, 2024

In Re: Trey A. Johnson, applying for supervisory writs, 20th
Judicial District Court, Parish of East Feliciana, No.
23 - CR - 54.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT GRANTED. Relator' s convictions for simple criminal

damage to property less than $ 1, 000 and domestic abuse battery are
reversed, and the sentences are vacated. The State elected to
charge relator in separate bills of information with simple

criminal damage to property less than $ 1, 000 and domestic abuse
battery, but the bills of information were consolidated for trial.
As relator faced a total sentencing exposure exceeding six months
imprisonment following the consolidation of the two bills of

information for trial, relator became entitled to a jury trial as
to all of the charged misdemeanor offenses. State v. Barr, 2000-
1787 ( La. 3/ 9/ 01), 781 So. 2d 1249, 1250 ( per curiam) State v.
Hornung, 620 So. 2d 816, 817 ( La. 1993) ( per curiam) Relator,
however, was not advised of his right to a jury trial, nor did he
waive his right to a jury trial. Accordingly, this matter is
remanded to the trial court for a new trial.

WRC
CHH

Theriot, J., dissents and would deny the writ application.

URT OF APPEAL, FIRST CIRCUIT

EPUTY CLERK OF COURT
FOR THE COURT