State v. Stevenson
State v. Stevenson, 334 So. 2d 195 (La. 1976).
Cited by
Followed in 1
- State v. Steward 213 So. 3d 1174 La. Ct. App. 2d Cir. 2017
- State v. Bates 113 So. 3d 411 La. Ct. App. 1st Cir. 2013
- State v. Price 952 So. 2d 112 La. Ct. App. 1st Cir. 2006
- State v. Smith 542 So. 2d 175 La. Ct. App. 1st Cir. 1989
- State v. Thomas 461 So. 2d 332 La. Ct. App. 2d Cir. 1984
- State v. James 459 So. 2d 1299 La. Ct. App. 1st Cir. 1984
- State v. Gary 445 So. 2d 200 La. Ct. App. 3d Cir. 1984
- State v. Ruple 437 So. 2d 873 La. Ct. App. 2d Cir. 1983
- State v. Lott 434 So. 2d 1274 La. Ct. App. 1st Cir. 1983
- State v. Stewart 389 So. 2d 1321 La. 1980
- State v. Davis 385 So. 2d 193 La. 1980
- State v. Donahue 355 So. 2d 247 La. 1978
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Wells 283 So. 2d 245
- State v. Raby 259 La. 909
- State v. Butler 259 La. 560
Opinion text
334 So.2d 195 (1976) STATE of Louisiana v. Wilbert Robert STEVENSON. No. 57414. Supreme Court of Louisiana. June 21, 1976. *196 Michael S. Ingram, Monroe, for defendant-appellant. William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., J. Carl Parkerson, Dist. Atty., Brian E. Crawford, Asst. Dist. Atty., for plaintiff-appellee. MARCUS, Justice. Wilbert Robert Stevenson was charged by bill of information with knowingly or intentionally possessing heroin with intent to distribute, in violation of La.R.S. 40:966(A)(1). After trial by jury, he was found guilty as charged and was subsequently sentenced to life imprisonment at hard labor. On appeal, he relies upon two assignments of error for reversal of his conviction and sentence. We find it unnecessary, however, to review the errors assigned on appeal, as we note, ex proprio motu, reversible error discoverable by mere inspection of the pleadings and proceedings and without inspection of the evidence. The record reveals that this prosecution was instituted by a bill of information filed on October 3, 1975, charging defendant with the crime of knowingly or intentionally possessing heroin with intent to distribute on October 2, 1975. This criminal proceeding is therefore governed by the Louisiana Constitution of 1974, which became effective on January 1, 1975. Article 1, section 15 of the Louisiana Constitution of 1974 provides that no person shall be held to answer for a capital crime or a crime punishable by life imprisonment except on indictment by a grand jury. Similarly, article 382 of the Code of Criminal Procedure, as amended, La.Acts, 1974, Ex.Sess. No. 19, § 1, eff. Jan. 1, 1975, provides that a prosecution for an offense punishable by death, or for an offense punishable by life imprisonment, shall be instituted by indictment by a grand jury. The crime of knowingly or intentionally possessing heroin with intent to distribute is punishable by life imprisonment. La.R.S. 40:966(A)(1); La.R.S. 40:964(B) (10); La.R.S. 40:966(B) (1). Hence, prosecution for the offense with which defendant is charged can be instituted only by indictment by a grand jury. Institution of the prosecution in this case by bill of information rather than grand jury indictment constitutes error. Moreover, this error is discoverable by mere inspection of the pleadings and proceedings and without inspection of the evidence, which we should notice ex proprio motu. La.Code Crim.P. art. 920 (2), as amended, La.Acts 1974, No. 207, § 1; State v. Wells, 283 So.2d 245 (La. 1973); State v. Raby, 259 La. 909 , 253 So.2d 370 (1971); State v. Butler, 259 La. 560 , 250 So.2d 740 (1971). Cf. La. Code Crim.P. art. 859(8), as amended, La. Acts 1974, Ex.Sess. No. 26, § 1, Official Revision Comment (a). DECREE For the reasons assigned, the conviction and sentence are reversed and defendant is ordered discharged.