55067 Precedential Affirmed Processed

State v. Boatner

Louisiana Supreme Court · Filed December 2, 1974 · 304 So. 2d 661

The holding in the court’s own words

Accordingly, we hold here that defendant's contention is without merit.

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Quoted verbatim from the opinion — no paraphrase, nothing generated. Not yet human-reviewed. How we find the holding.

Cited by

State v. Turner 259 So. 3d 1089 La. Ct. App. 1st Cir. 2018
State v. Williams 158 So. 3d 107 La. Ct. App. 1st Cir. 2014
State v. Holloway 120 So. 3d 795 La. Ct. App. 1st Cir. 2013
State of Louisiana v. Marcus Quinn, Sr. La. Ct. App. 3d Cir. 2010
State v. Quinn 38 So. 3d 1102 La. Ct. App. 1st Cir. 2010
State v. Picot 724 So. 2d 236 La. Ct. App. 4th Cir. 1998
State v. Turner 365 So. 2d 1352 La. 1978
State v. King 355 So. 2d 1305 La. 1978
State v. Linkletter 345 So. 2d 452 La. 1977
State v. Hill 340 So. 2d 309 La. 1976
State v. Bullock 329 So. 2d 733 La. 1976
State v. Walker 328 So. 2d 87 La. 1976

all 13 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

State Ex Rel. Williams v. Henderson 289 So. 2d 74
State v. Hardy 174 La. 458
State v. Vale 252 La. 1056
State v. Jackson 258 La. 632

Opinion text

304 So.2d 661 (1974) STATE of Louisiana v. Theodore BOATNER. No. 55067. Supreme Court of Louisiana. December 2, 1974. Lyall G. Shiell, Jr., New Orleans, for defendant-appellant. William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise Korns, Asst. Dist. Atty., for plaintiff-appellee. SANDERS, Chief Justice. Defendant, Boatner, was convicted of receiving stolen property in violation of LSA-R.S. 14:69. Under LSA-R.S. 15:529.1, the multiple offender statute, the trial judge sentenced him to imprisonment for a term of twelve years. During the course of the trial, defendant reserved four bills of exceptions, all of which he has abandoned on appeal. On appeal, he relies entirely on the unconstitutionality of the multiple offender statute. Defendant asserts that LSA-R.S. 15:529.1 violates the prohibition against double jeopardy in Article 1, Section 9 of the Louisiana Constitution (1921) and the Fifth Amendment of the United States Constitution. He reasons that in effect it punishes the offender twice for the same offense. This Court has previously rejected the identical contention. State ex rel. Williams v. Henderson, La., 289 So.2d 74 (1974); State v. Hardy, 174 La. 458 , 141 So. 27 (1932). In State ex rel. Williams v. Henderson, supra, this Court held: "We reject the contention that R.S. 15:529.1 is unconstitutional on its face. This statute does not make it a crime to be a multiple offender, but rather merely prescribes that an enhanced penalty be levied against multiple offenders. State v. Vale, 252 La. 1056 , 215 So.2d 811 (1968), reversed on other grounds, 399 U.S. 30 , 90 S.Ct. 1969 , 26 L.Ed.2d 409 . As an enhancement-of-penalty provision the statute is not unconstitutional as punishing status rather than a crime, nor does it constitute double jeopardy. State v. Jackson, 258 La. 632 , 247 So.2d 558 (1971); State v. Vale, supra; Price v. Allgood, 369 F.2d 376 (5th Cir. 1966), cert. denied 386 U.S. 998 , 87 S.Ct. 1321 , 18 L.Ed.2d 349 , rehearing denied, 387 U.S. 939 , 87 S.Ct. 2057 , 18 L.Ed.2d 1009 ." The contested statute creates no independent offense. Rather, it prescribes the circumstances under which there is an enhanced penalty for the current offense. *662 The additional sentence is for the current offense only. Accordingly, we hold here that defendant's contention is without merit. For the reasons assigned, the conviction and sentence are affirmed.