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State v. Firmin

Supreme Court of Louisiana
Feb 10, 1978
354 So. 2d 1355 (La. 1978)

Summary

In State v. Firmin, 354 So.2d 1355 (La.1978), we then extended Sanders to cases in which the state relied on one prior felony conviction in charging a violation of La.R.S. 14:95.1, and on a different felony conviction in the habitual offender status ladder under La.R.S. 15:529.1.

Summary of this case from State v. Lewis

Opinion

No. 60708.

February 10, 1978.

APPEAL FROM CRIMINAL DISTRICT COURT, PARISH OF ORLEANS, STATE OF LOUISIANA, HONORABLE RUDOLPH F. BECKER, III, J.

Rena M. Price, Orleans Indigent Defender Program, New Orleans, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise Korns, Asst. Dist. Atty., for plaintiff-appellee.


Defendant Robert Firmin was charged by bill of information with having violated La.R.S. 14:95.1, in that he did carry a concealed weapon having been previously convicted of possession of narcotics in violation of La.R.S. 40:966. After trial by jury, he was found guilty as charged of this offense. Prior to sentencing thereon, the district attorney filed a bill of information pursuant to La.R.S. 15:529.1 charging that the defendant was a second offender having, in addition to his present conviction for violating La.R.S. 14:95.1, previously pled guilty in the United States District Court for the Eastern District of Louisiana to the crime of violating the Federal Gun Control Act of 1968. The defendant admitted the allegations in the multiple bill and was sentenced to serve ten years at hard labor in the custody of the Department of Corrections without benefit of probation, parole or suspension of sentence.

In State v. Sanders, 337 So.2d 1131 (La. 1976), this Court, in a unanimous decision, noted that "the penalty provisions enacted in R.S. 14:95.1 were intended by the legislature to delimit the permissible punishment for that offense . . . ." and, therefore, concluded that the state could not rely upon a La.R.S. 14:95.1 conviction in charging the defendant as a multiple offender under La.R.S. 15:529.1. Although in the instant case the state relied upon one prior conviction in charging the defendant with having violated La.R.S. 14:95.1 and a different prior conviction in seeking to have his sentence enhanced under the provisions of La.R.S. 15:529.1, the rule of State v. Sanders, supra, is still applicable and the defendant should not have been sentenced as a multiple offender.

Defendant's conviction is affirmed, but his sentence is vacated and set aside and the case is remanded for resentencing in accordance with the foregoing.


Summaries of

State v. Firmin

Supreme Court of Louisiana
Feb 10, 1978
354 So. 2d 1355 (La. 1978)

In State v. Firmin, 354 So.2d 1355 (La.1978), we then extended Sanders to cases in which the state relied on one prior felony conviction in charging a violation of La.R.S. 14:95.1, and on a different felony conviction in the habitual offender status ladder under La.R.S. 15:529.1.

Summary of this case from State v. Lewis

In Firmin, the defendant was charged with, and found guilty of, a violation of La.R.S. 14:95.1, in that he carried a concealed weapon having been previously convicted of possession of narcotics. Prior to sentencing, the state filed a bill of information pursuant to La.R.S. 15:529.1 charging that Firmin was a second offender, relying on the present firearm conviction and a previous felony conviction for violation of the Federal Gun Control Act of 1968.

Summary of this case from State v. Baker

In State v. Firmin, 354 So.2d 1355 (La. 1978), this court then specifically applied the Sanders rationale to facts identical to the instant case and held that the state may not adjudicate and sentence a defendant as a habitual offender under La.Rev.Stat. 15:529.1 after his conviction in the same prosecution for being a felon in possession of a firearm, even when the conviction or convictions used to charge the defendant as a habitual offender are not the same convictions used to convict him of the firearm offense.

Summary of this case from State v. Baker

In State v. Firmin, 354 So.2d 1355 (La.1978) (per curiam), the supreme court held that its decision in State v. Sanders, 337 So.2d 1131 (La.1976), prevented the double use of a defendant's recidivist offender status, thereby preventing the state from using a defendant's recidivist offense as part of a habitual offender allegation.

Summary of this case from State v. Guidera

In Firmin, supra, Firmin was convicted under La. R.S. 14:95.1 (felon in possession) based upon an earlier conviction for possession of narcotics. The state filed a second offender (habitual offender) bill under La. R.S. 15:529.1 based upon the felon in possession conviction and a federal conviction of violation of the Federal Gun Control Act of 1968.

Summary of this case from State v. Baker
Case details for

State v. Firmin

Case Details

Full title:STATE OF LOUISIANA v. ROBERT FIRMIN

Court:Supreme Court of Louisiana

Date published: Feb 10, 1978

Citations

354 So. 2d 1355 (La. 1978)

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