Cited by
Opinions in Louisiana that cite State v. Firmin, 354 So. 2d 1355.
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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. 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.
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State v. Lewis
104 So. 3d 407
La. Ct. App. 1st Cir. 2012
we then extended Sanders to cases in which the state relied on one prior felony conviction in charging a violation of La.R.S.
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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.
- State v. Shoupe 71 So. 3d 508 La. Ct. App. 2d Cir. 2011
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State v. LANDOR
34 So. 3d 1166
La. Ct. App. 1st Cir. 2010
In his pro se brief, (La.
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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
However, in Baker , the court overruled Sanders , and held that a sentence for a person convicted of being a felon in possession of a firearm could be enhanced under the habitual offender law as long as the prior felony conviction that is used as an element in the firearm conviction is not also used as a prior felony conviction in the multiple offender bil
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State v. Brooks
997 So. 2d 688
La. Ct. App. 2d Cir. 2008
However, in Baker , the court overruled Sanders , and held that a sentence for a person convicted of being a felon in possession of a firearm could be enhanced under the habitual offender law as long as the prior felony conviction that is used as an element in the firearm conviction is not also used as a prior felony conviction in the multiple offender bil
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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"
- State v. Baker 935 So. 2d 366 La. Ct. App. 2d Cir. 2006