Opinion

State v. Harvey

  • 2008 La.App. 4 Cir. 0217
  • 12 So. 3d 496
  • 2009 La. App. LEXIS 801
  • 2009 WL 1332344
Court
Louisiana Court of Appeal
Filed
May 13, 2009
Status
Published
Author
Tobias
On the bench
Tobias, Belsome, Bonin
Cited by
19 cases
Authority
More cited than 7.6%

noting that defendant convicted on same date of two drug offenses could be sentenced as a habitual offender on both convictions, citing Shaw, supra.

How later courts described this case

  • noting that defendant convicted on same date of two drug offenses could be sentenced as a habitual offender on both convictions, citing Shaw, supra.
  • affirming a sixty-year sentence imposed on a defendant convicted of distribution of cocaine and adjudicated a second felony offender
  • affirming defendant’s sixty-year sentence for distribution of cocaine as a second felony offender

Written by the judges who cited it.

The opinion

TOBIAS, J.,

concurs in part and dissents in part.

1,1 respectfully concur in the result reached by the majority. The decision of the trial court is properly affirmed.

However, I respectfully dissent from the majoritys holding that the “state exceeded the bounds of proper argument and the district court abused its discretion by overruling the defense’s objection [during the prosecution’s rebuttal].” The prosecution’s statement that witnesses who were not called to testify were available to both the state and the defendant is merely a statement of fact and within the parameters of State v. Clark, 01-2087 (La.App. 4 Cir. 9/25/02) , 828 So.2d 1173 , and its progeny. Thus, I find no abuse of discretion or error of the part of the trial judge, and the majority errors in finding that the statement was harmless error. No error occurred, harmless or otherwise.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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