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State v. Mobley

Supreme Court of Louisiana
Jan 31, 1992
592 So. 2d 1282 (La. 1992)

Summary

recognizing the apparent conflict in our jurisprudence on the issue of whether the recidivist portions of the DWI statute constitute "essential elements" of the crime

Summary of this case from State v. Carlos

Opinion

No. 90-K-2463.

January 31, 1992.

APPEAL FROM 22ND JUDICIAL DISTRICT COURT, PARISH OF ST. TAMMANY, STATE OF LOUISIANA, HONORABLE JOHN W. GREENE, J.


Granted. The defendant's conviction for third offense D.W.I., 568 So.2d 1368, is reversed, judgment for second offense D.W.I. is entered, and this case is remanded to the district court for resentencing. Whether the predicate convictions in a multiple offender D.W.I. prosecution are considered essential elements of the offense, State v. Krause, 405 So.2d 832 (La. 1981), or essential averments of the bill of information, State v. Montgomery, 250 La. 326, 195 So.2d 285 (1967), the state bears the burden of establishing their constitutional validity, if they came by way of guilty pleas, and of proving the convictions at trial. State v. Jones, 404 So.2d 1192 (La. 1981); State v. Wiggins, 399 So.2d 206 (La. 1981). The state also bears the burden at trial of negating the cleansing period in La.R.S. 14:98(F). Cf., State v. Husband, 437 So.2d 269 (La. 1983); State v. Williams, 366 So.2d 1369 (La. 1978), modified on other grounds, State v. Landry, 588 So.2d 345 (La. 1991), No. 90-K-0162.

LEMMON, J., concurs.


Summaries of

State v. Mobley

Supreme Court of Louisiana
Jan 31, 1992
592 So. 2d 1282 (La. 1992)

recognizing the apparent conflict in our jurisprudence on the issue of whether the recidivist portions of the DWI statute constitute "essential elements" of the crime

Summary of this case from State v. Carlos

recognizing the apparent conflict in our jurisprudence on the issue of whether the recidivist portions of the DWI statute constitute "essential elements" of the crime

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

State v. Mobley

Case Details

Full title:STATE OF LOUISIANA v. KATHLEEN MOBLEY

Court:Supreme Court of Louisiana

Date published: Jan 31, 1992

Citations

592 So. 2d 1282 (La. 1992)

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