Legal Opinion

State v. Landry

Louisiana Court of Appeal

Decided February 16, 2011No. 2010-KA-1225Published

1Opinion of the Court

TERRI F. LOVE, Judge.

liThe State of Louisiana charged Defendant Landry with one count of prostitution, third offense. The State then amended the bill to charge Ms. Landry with prostitution, second offense. Defendant Landry appeals, arguing that the trial court erred in denying her motion to quash the bill of information based upon a claim that La. R.S. 14:82 C is unconstitutional.

We find that the trial court did not err in denying the appellant’s motion to quash in that La. R.S. 14:82 C provides that a first offense conviction exposes a defendant to a misdemeanor sentence, while a second…

2Cases cited6 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Duncan v. LouisianaSupreme Court of the United States · 1968
  3. State v. CrosbySupreme Court of Louisiana · 1976
  4. State v. BrownSupreme Court of Louisiana · 2004
  5. State v. JeffersonSupreme Court of Louisiana · 2009

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