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State v. Armstrong

Supreme Court of Louisiana
Sep 5, 2003
855 So. 2d 731 (La. 2003)

Opinion

No. 2002-KP-2464.

September 5, 2003.

In re: Armstrong, Jeffery E.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. M, Nos. 98-6317; to the Court of Appeal, Fifth Circuit, No. 02-KH-795.

On Writ of Certiorari to the Fifth Circuit Court of Appeal


Granted in part, denied in part. See per curiam.

CDK

BJJ

JTK

JLW

CALOGERO, C.J., recused.

VICTORY, J., would deny the writ.

TRAYLOR, J., would deny the writ.


Granted in part; otherwise denied. This case is remanded to the district court for purposes of conducting an evidentiary hearing and ruling on relator's claim that counsel rendered ineffective assistance by failing to request that the trial court include criminal trespass as a responsive verdict. See State v. Simmons, 01-0293, pp. 6-7 (La. 5/14/02), 817 So.2d 16, 21 (criminal trespass is a lesser and included offense of unauthorized entry of an inhabited dwelling, entitling defendant charged with the latter offense to instruction on the former, particularly when defendant would have escaped sentencing as multiple offender had he been convicted of a misdemeanor); State v. Hernandez, 02-0340 (La.App. 5th Cir. 7/30/02), 824 So.2d 529 (same). In all other respects, the application is denied. La.C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La. 1/12/96), 665 So.2d 1172.

Calogero, J, recused.

VICTORY and TRAYLOR, JJ., would deny the writ.


Summaries of

State v. Armstrong

Supreme Court of Louisiana
Sep 5, 2003
855 So. 2d 731 (La. 2003)
Case details for

State v. Armstrong

Case Details

Full title:STATE OF LOUISIANA v. JEFFREY E. ARMSTRONG

Court:Supreme Court of Louisiana

Date published: Sep 5, 2003

Citations

855 So. 2d 731 (La. 2003)

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