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Legal Opinion

Opinion Number

Louisiana Attorney General Reports

Decided September 15, 2003Published

1Opinion of the Court

Dear Mr. Dennis:

Our office has received your request for an opinion concerning whether or not a conviction set aside pursuant to Article 893 of the Louisiana Code of Criminal Procedure may be used as a predicate under LSA-R.S.14:95.1. That question was previously answered in the affirmative in Attorney General's Opinion Number 92-320, which cited State v. Jones,539 So.2d 866 (La.App. 4th Cir. 1989).

Therefore, we are of the opinion that convictions set aside by Article893 of the Louisiana Code of Criminal Procedure may be used as a predicate offense under LSA-R.S. 14:95.1.

Very truly yours,

RICHA…

2Cases cited9 opinions

  1. State v. DaySupreme Court of Louisiana · 1982
  2. State v. BaileyLouisiana Court of Appeal · 1987
  3. State v. BrooksLouisiana Court of Appeal · 1986
  4. State v. MelbertLouisiana Court of Appeal · 1989
  5. Louisiana State Bar Ass'n v. PorterfieldSupreme Court of Louisiana · 1989

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