Cited by

Opinions in Louisiana that cite State v. Montgomery, 195 So. 2d 285.

18 citing documents.

State v. Cartwright 252 So. 3d 1045 La. Ct. App. 2d Cir. 2018
Defense counsel cites State v. Montgomery , , (La.
State v. Ostrom 980 So. 2d 890 La. Ct. App. 2d Cir. 2008
The next important case discussing the predicate offense in a , (1967).
State v. Duplechin 922 So. 2d 655 La. Ct. App. 1st Cir. 2006
(1967), and State v. Washington, 248 La.
State v. Naquin 769 So. 2d 1170 La. 2000
Although we have variously described the prior convictions used in recidivist DWI prosecutions as essential averments of the bill of information, , (1967), and as essential elements of the offense, in Carlos we recognized that the constitutional validity of prior DWI guilty pleas, as opposed to proof of the fact of conviction, is a "question of law for the Court to decide...."
State v. Carlos 738 So. 2d 556 La. 1999
1977); and as essential averments that do not constitute a "material ingredient" of the crime, , (1967); State v. Washington, 248 La.
State v. Mobley 592 So. 2d 1282 La. 1992
prosecution are considered essential elements of the offense, or essential averments of the bill of information, , (1967), the state bears the burden of establishing their constitutional validity, if they came by way of guilty pleas, and of proving the convictions at trial.
State v. Mobley 568 So. 2d 1368 La. Ct. App. 1st Cir. 1990
14:98(F) was enacted, , -288 (1967) discussed La.R.S.
State v. Pugh 536 So. 2d 492 La. Ct. App. 1st Cir. 1988
State v. Franklin 461 So. 2d 640 La. Ct. App. 1st Cir. 1984
State v. Forrest 439 So. 2d 404 La. 1983
(1967); State v. Duncan, 219 La.
State v. Neal 347 So. 2d 1139 La. 1977
State v. Ricks 329 So. 2d 684 La. 1976
State v. Bouzigard 286 So. 2d 633 La. 1973
Walker v. Allen 281 So. 2d 693 La. 1973
Smith v. Department of Public Safety 254 So. 2d 515 La. Ct. App. 4th Cir. 1971
In the absence of such an allegation the indictment will not support a sentence as a second offender; , (1967).
State v. Bass 222 So. 2d 865 La. 1969
State v. Gerald 199 So. 2d 536 La. 1967
State v. Johnson 196 So. 2d 797 La. 1967
This court, in the decision handed down on February 20, 1967 , , held that in order for an accused to be sentenced as a multiple offender it is necessary to allege the prior convictions in the accusation and further pointed out that “even though prior convictions do not constitute a material ingredient of the crime * * * charged, * * * that in order for the accuse