Cited by
Opinions in Louisiana that cite State v. Sanders, 337 So. 2d 1131.
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Overruled
State of Louisiana v. Trivual A. Charles -Aka- Trivual Batiste -Aka- Trivual Charles
La. Ct. App. 3d Cir. 2019
To the extent that cases state to the contrary, they are overruled.
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Overruled
State v. Charles
270 So. 3d 859
La. Ct. App. 1st Cir. 2019
To the extent that cases state to the contrary, including State v. Sanders , and State v. Firmin , they are overruled.
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State v. Gibson
192 So. 3d 132
La. Ct. App. 1st Cir. 2016
overruled in part by Baker and approved in part by Ruiz .
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State v. Mandigo
136 So. 3d 292
La. Ct. App. 2d Cir. 2014
In support-of his position
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State v. Holloway
120 So. 3d 795
La. Ct. App. 1st Cir. 2013
To support this contention, the defendant relies on two Louisiana Supreme Court decisions, which have since been overruled.
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Overruled
State of Louisiana v. Christopher Guillory
La. Ct. App. 3d Cir. 2013
To the extent that cases state to the contrary, they are overruled.
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Overruled
State v. Guillory
120 So. 3d 764
La. Ct. App. 1st Cir. 2013
To the extent that cases state to the contrary, they are overruled.
- State v. Lewis 104 So. 3d 407 La. Ct. App. 1st Cir. 2012
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State v. Guidera
111 So. 3d 339
La. Ct. App. 1st Cir. 2012
(per curiam), prevented the double use of a defendant’s recidivist offender status, thereby preventing the state from using a defendant’s recidivist offense as part of a habitual offender allegation.
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State of Louisiana v. Arthur Bias, Jr.
La. Ct. App. 3d Cir. 2011
The supreme court has addressed the issue of double enhancement in a string of cases, (overruled in part by Baker, ).
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State v. Bias
63 So. 3d 399
La. Ct. App. 1st Cir. 2011
The supreme court has addressed the issue of double enhancement in a string of cases, (overruled in part by Baker, ).
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State v. LANDOR
34 So. 3d 1166
La. Ct. App. 1st Cir. 2010
1978) (per curiam), (La.
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State v. Foster
23 So. 3d 885
La. 2009
In vacating that adjudication and sentence, the court of appeal purported to apply our decision in State v. Baker, 06-2175 (La.10/16/07), , in part, and held that a sentence imposed upon a conviction for felon in possession of a firearm in violation of La.R.S.
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State v. Hayes
16 So. 3d 604
La. Ct. App. 2d Cir. 2009
the court held that it was not the intent of the legislature to provide for enhancement of the felon in possession of a firearm statute under the habitual offender law.
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State of Louisiana v. Gregory John Ruiz
La. Ct. App. 3d Cir. 2009
Rev stat 15:529.1, on the basis of the same prior convictions, violated this court’s (the State may not seek multiple enhancement of a defendant’s sentence on the basis of the same set of prior convictions).
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State v. Ruiz
3 So. 3d 671
La. Ct. App. 1st Cir. 2009
Rev stat 15:529.1, on the basis of the same prior convictions, violated this court’s (the State may not seek multiple enhancement of a defendant’s sentence on the basis of the same set of prior convictions).
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State v. Foster
3 So. 3d 595
La. Ct. App. 2d Cir. 2009
to the extent that they were not consistent with this ruling.
- State v. Dotie 1 So. 3d 833 La. Ct. App. 2d Cir. 2009
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State v. Platt
998 So. 2d 864
La. Ct. App. 2d Cir. 2008
Legal Principles Although not clearly expressed, in which the Louisiana Supreme Court held that an adjudication for being a convicted felon in possession of a firearm could not be further enhanced under the habitual offender law.
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State v. Brooks
997 So. 2d 688
La. Ct. App. 2d Cir. 2008
1 Previously, the court had held that the State could not multi-bill a person who had been convicted of being a felon in possession of a firearm by using in the multiple offender bill the same convictions alleged as elements of the firearms offense.
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State v. Brooks
997 So. 2d 688
La. Ct. App. 2d Cir. 2008
[1] Previously, the court had held that the State could not multi-bill a person who had been convicted of being a felon in possession of a firearm by using in the multiple offender bill the same convictions alleged as elements of the firearms offense.
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State v. Baker
970 So. 2d 948
La. 2008
The appellate court rejected Baker's sole argument that his adjudication and sentencing as an habitual offender following his conviction for felon in possession of a firearm constituted "double enhancement"
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State v. Ruiz
955 So. 2d 81
La. 2007
Rev stat 15:529.1, on the basis of the same prior convictions, (the State may not seek multiple enhancement of a defendant's sentence on the basis of the same set of prior convictions).
- State v. Baker 935 So. 2d 366 La. Ct. App. 2d Cir. 2006
- State v. Peters 935 So. 2d 201 La. Ct. App. 1st Cir. 2006
- State v. White 907 So. 2d 180 La. Ct. App. 2d Cir. 2005
- State v. Myles 894 So. 2d 515 La. Ct. App. 5th Cir. 2005
- State v. Anders 778 So. 2d 1227 La. Ct. App. 1st Cir. 2001
- State v. Walker 775 So. 2d 663 La. Ct. App. 1st Cir. 2000
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State v. Johnson
771 So. 2d 798
La. Ct. App. 2d Cir. 2000
Whereas a convicted felon bears a status by his very existence, implicating the logic of State vs. Sanders, this instant fact situation is different, in that Mr. Johnson chose to commit his battery upon a correctional officer and while being detained in a correctional facility.
- State v. President 715 So. 2d 745 La. Ct. App. 3d Cir. 1998
- State v. Keys 694 So. 2d 1107 La. Ct. App. 2d Cir. 1997
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State v. Harrelson
590 So. 2d 1240
La. Ct. App. 1st Cir. 1991
He further submits that, he could not be adjudicated a habitual offender.
- State v. McFarland 578 So. 2d 1014 La. Ct. App. 4th Cir. 1991
- State v. Goodin 550 So. 2d 801 La. Ct. App. 2d Cir. 1989
- State v. Bennett 544 So. 2d 661 La. Ct. App. 3d Cir. 1989
- State v. Griffin 525 So. 2d 705 La. Ct. App. 1st Cir. 1988
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State v. Harris
511 So. 2d 803
La. Ct. App. 1st Cir. 1987
4th Cir.1983), writ denied was wrongly decided and should be overruled since it conflicts with the Supreme Court’s
- State v. Brown 504 So. 2d 639 La. Ct. App. 1st Cir. 1987
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State v. Barnes
503 So. 2d 567
La. Ct. App. 1st Cir. 1987
In the Jackson case, proscribed the enhancement of the penalty for a violation of R.S.
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State v. Davis
499 So. 2d 1311
La. Ct. App. 4th Cir. 1986
Defendant argues, however, that Jackson was wrongly decided, relying on several Louisiana Supreme Court decisions:
- State v. Whittaker 496 So. 2d 1103 La. Ct. App. 4th Cir. 1986
- State v. Collins 495 So. 2d 331 La. Ct. App. 1st Cir. 1986
- State v. King 490 So. 2d 1139 La. Ct. App. 4th Cir. 1986
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State v. Street
480 So. 2d 309
La. 1985
is not controlling here, it is persuasive.
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State v. Theard
466 So. 2d 791
La. Ct. App. 1st Cir. 1985
In Williams the Louisiana Supreme Court, ruled that a defendant convicted of violating LSA-R.S.
- State v. Victorian 448 So. 2d 1304 La. Ct. App. 3d Cir. 1984
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State v. Jackson
438 So. 2d 730
La. Ct. App. 4th Cir. 1983
proscribed the enhancement of the penalty for a violation of R.S.
- State v. Morris 429 So. 2d 111 La. 1983
- State v. Hayes 412 So. 2d 1323 La. 1982