DocketNumber: No. 55891
Judges: Marcus
Filed Date: 6/23/1975
Status: Precedential
Modified Date: 10/18/2024
Junius LeBlanc was charged with having committed the crime of simple burglary in violation of La.R.S. 14:62. Upon his conviction, he was charged by bill of information as a multiple offender for the purpose of sentencing under the Louisiana Habitual Offender Law. La.R.S. 15:529.1. Defense counsel entered a denial of the allegations contained in the information and filed a motion to quash the information charging defendant as a multiple offender.
A hearing was held to determine whether defendant had been convicted of the prior felony as set forth in the information.
The Louisiana Habitual Offender Law, La.R.S. 15:529.1, allows the district attorney to file a bill of information at any time after conviction or sentence against any person prosecuted by him for, and convicted of, a felony, accusing him of prior felony convictions.
In order for a prior felony conviction to form the basis for a multiple offender charge, it must, inter alia, have been obtained without the violation of a specific federal constitutional right of the accused.
For the reasons assigned, the conviction and sentence are affirmed.
. The bill of information actually alleged that defendant had been convicted of three prior felonies. At the hearing, however, the trial judge ruled that two of the prior convictions could not be used to enhance defendant’s sentence. Accordingly, only the prior conviction accepted by the judge is before us on appeal.
. See State v. McQueen, 308 So.2d 752 (La.1975).
. See State v. Davalie, 313 So.2d 587 (La.1975).
. See, e. g., United States v. Tucker, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972) ; Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319 (1967).
. See La.R.S. 14:72.
. State ex rel. Griffin v. Henderson, 258 La. 971, 248 So.2d 831 (1971) ; State v. Pickering, 256 La. 841, 239 So.2d 353 (1970) ; State ex rel. Ardoin v. Henderson, 255 La. 1029, 233 So.2d 923 (1970). See Halliday