Cited by
Opinions in Louisiana that cite State v. Sherer, 411 So. 2d 1050.
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Overruled
State of Louisiana v. McKartney Young
La. Ct. App. 3d Cir. 2019
Porter [v. Butler, ] and [State v.] Sherer[, ] are inconsistent with this conclusion, they are overruled.
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Overruled
State v. Young
271 So. 3d 422
La. Ct. App. 1st Cir. 2019
] Porter [ v. Butler , ] and [ State v. ] Sherer [, ] are inconsistent with this conclusion, they are overruled.
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State v. Augustine
125 So. 3d 1203
La. Ct. App. 1st Cir. 2013
and held that "[tjhere is no statutory bar to applying the habitual offender law in sentencing for more than one conviction obtained on the same date.” Shaw at 1245 .
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Overruled
State of Louisiana v. Brandon Dale Allen
La. Ct. App. 3d Cir. 2011
To the extent that the opinions in Porter and [State v.] Sherer [] are inconsistent with this conclusion, they are overruled.
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Overruled
State v. Allen
79 So. 3d 1220
La. Ct. App. 1st Cir. 2011
To the extent that the opinions in Porter and [State v.] Sherer [ ] are inconsistent with this conclusion, they are overruled.
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Overruled
State v. Baylor
998 So. 2d 800
La. Ct. App. 3d Cir. 2008
To the extent that the opinions in Porter and [ State v. ] Sherer [, ] are inconsistent with this conclusion, they are overruled.
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State v. Shaw
969 So. 2d 1233
La. 2007
are inconsistent with this conclusion, those opinions are expressly overruled.
- State v. Francois 884 So. 2d 658 La. Ct. App. 4th Cir. 2004
- State v. Mitchell 869 So. 2d 276 La. Ct. App. 2d Cir. 2004
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State v. Martinez
792 So. 2d 912
La. Ct. App. 1st Cir. 2001
[State v.]Sherer[ ],, which involved convictions arising out of a single criminal act, should not be applied to limit enhancement of more than one conviction obtained on the same day arising out of separate criminal offenses committed at separate times.
- State v. Wallace 788 So. 2d 578 La. Ct. App. 5th Cir. 2001
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State v. Hawthorne
772 So. 2d 924
La. Ct. App. 1st Cir. 2000
and several cases from this circuit, the appellant maintains that he can be multiple billed on only one of his convictions because they were handed down on the same date.
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State v. Odom
772 So. 2d 281
La. Ct. App. 2d Cir. 2000
which held that the defendant could not be found to be a habitual offender on each of the two counts because convictions on more than one count entered on the same date should be treated as one conviction for applying the habitual offender statute, and St
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State v. Luna
772 So. 2d 249
La. Ct. App. 5th Cir. 2000
[ State v. ]Sherer[ ], which involved convictions arising out of a single criminal act, should not be applied to limit enhancement of more than one conviction obtained on the same day arising out of separate criminal offenses committed at separate times.
- State v. Bates 742 So. 2d 1004 La. Ct. App. 1st Cir. 1999
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State v. Kunzman
741 So. 2d 112
La. Ct. App. 2d Cir. 1999
State v. Honeyman, supra ; on appeal after remand, (La.App.
- State Ex Rel. Berry v. State 693 So. 2d 787 La. 1997
- State ex rel. Berry v. State 693 So. 2d 787 La. 1997
- State v. Ward 670 So. 2d 562 La. Ct. App. 4th Cir. 1996
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State v. Valentine
668 So. 2d 383
La. Ct. App. 4th Cir. 1996
holds that only one of two convictions entered the same day and arising out of a single incident can be used to invoke the habitual offender statute.
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State v. Abbott
650 So. 2d 1223
La. Ct. App. 1st Cir. 1995
On August 13, 1990, defendant filed a
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State v. Abbott
634 So. 2d 911
La. Ct. App. 4th Cir. 1994
On August 13, 1990, which held that only one count of a single bill of information may be enhanced pursuant to the Habitual Offender Law.
- State ex rel. Hyorth v. Shea 629 So. 2d 1156 La. 1993
- State v. Searcy 621 So. 2d 83 La. Ct. App. 2d Cir. 1993
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State v. Jeter
609 So. 2d 1019
La. Ct. App. 2d Cir. 1992
on appeal after remand, cert dismissed, 468 U.S. 1205 , 104 S.Ct.
- State v. Mims 607 So. 2d 549 La. 1992
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State Ex Rel. Mims v. Butler
601 So. 2d 649
La. 1992
Regarding the "one day, one conviction" rule, in Porter, this court explained that in a previous case, the court had construed the Jackson rule as standing for the proposition that "convictions on more than one count entered on the same date should be treated as one conviction for purposes of the habitual offender statute, ..."
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State v. Barnes
597 So. 2d 1109
La. Ct. App. 2d Cir. 1992
on appeal after remand, State v. Trosclair, supra, at p. 1105 .
- State v. Parker 593 So. 2d 414 La. Ct. App. 1st Cir. 1991
- State v. Johnson 587 So. 2d 64 La. Ct. App. 1st Cir. 1991
- State ex rel. Ardis v. Smith 584 So. 2d 663 La. 1991
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State Ex Rel. Porter v. Butler
573 So. 2d 1106
La. 1991
15:529.1 on each conviction obtained on the same day arising from a single criminal incident and charged in a single bill of information
- State v. Delaune 572 So. 2d 652 La. Ct. App. 5th Cir. 1990
- State v. Desdunes 576 So. 2d 520 La. Ct. App. 4th Cir. 1990
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State v. Lawrence
572 So. 2d 276
La. Ct. App. 1st Cir. 1990
15:529.1) for both offenses violated the so-called "one day, one conviction, rule" (La.
- State v. Mayeaux 570 So. 2d 185 La. Ct. App. 5th Cir. 1990
- State v. Hatcher 568 So. 2d 578 La. Ct. App. 4th Cir. 1990
- State v. Mims 566 So. 2d 661 La. Ct. App. 2d Cir. 1990
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State v. Honeyman
565 So. 2d 961
La. Ct. App. 2d Cir. 1990
on appeal after remand, State v. Trosclair, supra, at p. 1105 .
- State v. Papillion 556 So. 2d 1331 La. Ct. App. 3d Cir. 1990
- State v. Leagea 554 So. 2d 833 La. Ct. App. 1st Cir. 1989
- State v. Parker 552 So. 2d 771 La. Ct. App. 1st Cir. 1989
- State Ex Rel. Alpine v. Butler 549 So. 2d 859 La. 1989
- State v. Mims 550 So. 2d 760 La. Ct. App. 2d Cir. 1989
- State v. Guillory 544 So. 2d 643 La. Ct. App. 3d Cir. 1989
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State v. Nelson
543 So. 2d 1058
La. Ct. App. 1st Cir. 1989
ASSIGNMENT OF ERROR NUMBER 6 Defendant contends that at the sentencing hearing, appeal after remand
- State v. Martin 543 So. 2d 1020 La. Ct. App. 3d Cir. 1989
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State v. Townley
539 So. 2d 1284
La. Ct. App. 1st Cir. 1989
and the cases cited therein; (La.App.
- State v. Wells 538 So. 2d 1053 La. Ct. App. 4th Cir. 1989
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State v. Norwood
538 So. 2d 682
La. Ct. App. 4th Cir. 1989
the Louisiana Supreme Court held convictions for more than one count entered on the same day should be counted as one conviction for multiple bill purposes.