Cited by
Opinions in Louisiana that cite State v. Cook, 372 So. 2d 1202.
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State v. Price
952 So. 2d 112
La. Ct. App. 1st Cir. 2006
Therein, both the defendant and the State argued in favor of the validity of the plea, and found the trial court lacked jurisdiction to accept the plea.
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State v. Lemon
923 So. 2d 794
La. Ct. App. 5th Cir. 2006
This Court concluded that defendant's guilty plea to one of the charges for simple burglary was invalid, because the trial court did not have jurisdiction to accept it, which it discussed as follows: the Louisiana Supreme Court explained that a defendant is not prohibited *801 from entering a guilty plea to a non-responsive crime when such a plea is acceptable to the district attorney, but stated that the district attorney must a
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State v. Jackson
916 So. 2d 1015
La. 2005
Facts and Procedural History This case requires the interpretation of Louisiana Code of Criminal Procedure article 487(B) (La.
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State v. Corzo
896 So. 2d 1101
La. Ct. App. 5th Cir. 2005
the Louisiana Supreme Court explained that a defendant is not prohibited from entering a guilty plea to a non-responsive crime when such a plea is acceptable to the district attorney, but stated that the district attorney must amend the indictment to charge the non-responsive crime.
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State of Louisiana v. Kevin Theriot
La. Ct. App. 3d Cir. 2005
In Rito, the court distinguished State v. Cook, [] which found reversible error in the state’s failure to amend the bill of information.
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State v. Theriot
893 So. 2d 1016
La. Ct. App. 3d Cir. 2005
In Rito, the court distinguished State v. Cook, [ ] which found reversible error in the state's failure to amend the bill of information.
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State v. Blake
882 So. 2d 1187
La. Ct. App. 2d Cir. 2004
State v.Gooden, 523 So.2d at 285 ; (La.
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State v. Rachal
880 So. 2d 206
La. Ct. App. 2d Cir. 2004
State v. Kendrick, 34,097 (La.App.
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State v. Roark
870 So. 2d 528
La. Ct. App. 2d Cir. 2004
State v. Kendrick, 34,097 (La.App.2d Cir.12/20/00), ; (La.App.
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State of Louisiana v. Larry Collins
La. Ct. App. 3d Cir. 2003
In Rito, the court distinguished State v. Cook, [] which found reversible error in the state’s failure to amend the bill of information.
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State v. Collins
865 So. 2d 117
La. Ct. App. 3d Cir. 2003
In Rito, the court distinguished State v. Cook, [ ] which found reversible error in the state's failure to amend the bill of information.
- State v. Charles 827 So. 2d 553 La. Ct. App. 3d Cir. 2002
- State v. Narcisse 791 So. 2d 149 La. Ct. App. 5th Cir. 2001
- State v. Richard 779 So. 2d 927 La. Ct. App. 3d Cir. 2000
- State v. Kendrick 779 So. 2d 884 La. Ct. App. 2d Cir. 2000
- State v. Johnson 771 So. 2d 798 La. Ct. App. 2d Cir. 2000
- State v. Presley 758 So. 2d 308 La. Ct. App. 3d Cir. 2000
- State v. Sloan 747 So. 2d 101 La. Ct. App. 2d Cir. 1999
- State v. Lastrapes 743 So. 2d 224 La. Ct. App. 3d Cir. 1999
- State v. Rito 700 So. 2d 1169 La. Ct. App. 3d Cir. 1997
- State v. Rivers 681 So. 2d 39 La. Ct. App. 2d Cir. 1996
- State v. Campbell 670 So. 2d 1212 La. 1996
- State v. Alfred 657 So. 2d 116 La. Ct. App. 3d Cir. 1995
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State v. Brown
651 So. 2d 929
La. Ct. App. 2d Cir. 1995
|3814, 815, 558, 487, (La.App.
- State v. Guffey 649 So. 2d 1169 La. Ct. App. 3d Cir. 1995
- State v. Barclay 591 So. 2d 1178 La. Ct. App. 1st Cir. 1991
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State v. Kirkendoll
559 So. 2d 555
La. Ct. App. 2d Cir. 1990
State v. Green, supra; (La.App.
- State v. Sepulvado 549 So. 2d 928 La. Ct. App. 3d Cir. 1989
- State v. Marceaux 542 So. 2d 1121 La. Ct. App. 1st Cir. 1989
- State v. Garantine 527 So. 2d 1144 La. Ct. App. 1st Cir. 1988
- State v. Porterfield 524 So. 2d 1363 La. Ct. App. 1st Cir. 1988
- State v. Gooden 523 So. 2d 283 La. Ct. App. 2d Cir. 1988
- State v. Dantoni 520 So. 2d 1270 La. Ct. App. 5th Cir. 1988
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State v. James
517 So. 2d 291
La. Ct. App. 1st Cir. 1987
State v. Breaux, supra .
- State v. Chaisson 507 So. 2d 248 La. Ct. App. 1st Cir. 1987
- State v. Hebert 506 So. 2d 863 La. Ct. App. 1st Cir. 1987
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State v. Breaux
504 So. 2d 1011
La. Ct. App. 1st Cir. 1987
which clearly holds the amendment of the indictment is jurisdictional, and absent a valid amendment of *1012 the indictment, the state courts are without jurisdiction to proceed further.
- State v. Hardan 501 So. 2d 848 La. Ct. App. 5th Cir. 1987
- State v. Mayeux 498 So. 2d 701 La. 1986
- State v. Johnson 499 So. 2d 244 La. Ct. App. 2d Cir. 1986
- State v. Vidrine 476 So. 2d 537 La. Ct. App. 1st Cir. 1985
- State v. Taylor 476 So. 2d 929 La. Ct. App. 2d Cir. 1985
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State v. Price
461 So. 2d 503
La. Ct. App. 3d Cir. 1984
*506 In a similar case, our Supreme Court stated as follows: "Since the crime of simple burglary of an inhabited dwelling requires proof of an essential element, i.e., inhabited dwelling, not found in the crime charged (simple burglary), simple burglary of an inhabited dwelling is not a lesser included offense of simple burglary.
- State v. Butler 459 So. 2d 52 La. Ct. App. 2d Cir. 1984
- State v. Stevens 452 So. 2d 289 La. Ct. App. 2d Cir. 1984
- State v. Wise 425 So. 2d 727 La. 1983
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State v. Turnbull
377 So. 2d 72
La. 1979
More recently, , Number 63,724, we held an unresponsive verdict to be error patent on the face of the record and therefore reviewable on appeal despite absence of an objection during trial.