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State v. Boasso

Supreme Court of Louisiana
Mar 31, 1986
484 So. 2d 660 (La. 1986)

Opinion

No. 86-K-0096.

March 31, 1986.

In re State of Louisiana; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fifth Circuit, Number 85-KA-285, 85-KA-344; Parish of Jefferson First Parish Court of Jefferson Div. "A", Number 564-680, 568-575.


Denied.


The state (the party applying for review) created the problem by moving to sever. If the trial judge had refused the severance (as he should have) and tried the cases together, defendant's sentence exposure would have been limited by La.C.Cr.P. art. 493.1 to six months, and no jury trial would have been available. By moving to sever and to conduct separate trials, the state attempted to increase sentencing exposure, but bestowed on defendant the right to a jury trial and thereby divested the parish court of jurisdiction. See my dissent in State v. Odell, 458 So.2d 1304 (La. 1984).

MARCUS, BLANCHE and WATSON, JJ., would grant the writ.


Summaries of

State v. Boasso

Supreme Court of Louisiana
Mar 31, 1986
484 So. 2d 660 (La. 1986)
Case details for

State v. Boasso

Case Details

Full title:STATE OF LOUISIANA v. BRAD J. BOASSO

Court:Supreme Court of Louisiana

Date published: Mar 31, 1986

Citations

484 So. 2d 660 (La. 1986)

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