Summary
In State ex rel. Boyd v. State, 98-0378 (La. 10/9/98); 720 So.2d 667, writ denied, 98-0378 (11/25/98); 729 So.2d 571, the Louisiana Supreme Court noted that relator had shown a double jeopardy violation "on the face of the record of the proceedings leading to his guilty plea."
Summary of this case from State v. ArnoldOpinion
No. 98-KH-0378.
October 9, 1998. Rehearing Denied November 25, 1998.
Appeal from the 30th Judicial District Court, Parish of Vernon.
Writ granted in part; otherwise denied. Because relator has shown a double jeopardy violation on the face of the record of the proceedings leading to his guilty plea, see State ex rel. Adams v. Butler, 558 So.2d 552, 553 n. 1 (La. 1990); cf. United States v. Broce, 488 U.S. 563, 575-76, 109 S.Ct. 757, 765, 102 L.Ed.2d 927 (1989), his conviction and sentence for the less severely punishable (and less severely punished) offense of mans-laughter is vacated. In all other respects the application is denied.