State Of Louisiana v. JerXavier Lane ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0918
VERSUS
JERXAVIER LANE DECEMBER 07, 2020
In Re: JerXavier Lane, applying for supervisory writs, 20th
Judicial District Court, Parish of West Feliciana, No.
16- WFLN- 616.
BEFORE: HIGGINBOTHAM, THERIOT, AND WOLFE, JJ.
WRIT DENIED. An accused who commits separate and distinct
offenses during the same criminal episode or
transaction may be
prosecuted and convicted for each offense without violating the
principle of double jeopardy. State v. Nichols, 337 So. 2d 1074,
1078 ( La. 1976); State v. Staden, 2014- 0459 ( La. App, lst Cir.
9/ 24/ 14), 154 So. 3d 579, 584, writ denied, 2014-- 2254 ( La.
6/ 5/ 15), 171 So. 3d 945. Relator admitted to and was sentenced
for committing two separate and distinct acts of battery against
two different correctional
facility employees when he entered
the nolo contendere pleas. Therefore, his allegation of a
double jeopardy violation for multiple punishments for a single
offense is without merit on its face. Accordingly, the district
court did not err by denying the motion to amend, modify, or
reconsider sentence.
TMH
MRT
EW
COURT OF APPEAL, FIRST CIRCUIT
t
DEPUTY L RK OF COURT
FOR THE COURT