State v. Tucker

Relator Tucker sought writs in No. 84-KH-1790, claiming that the prior conviction used to charge him as a multiple offender was pursuant to a 5 to 1 jury verdict and therefore unconstitutional under Burch v. Louisiana, 441 U.S. 130, 99 S.Ct. 1623, 60 L.Ed.2d 96 (1979). The Court had previously granted post conviction relief in a case where a conviction unconstitutionally obtained in violation of Ballew v. Georgia, 435 U.S. 223, 98 S.Ct. 1029, 55 L.Ed.2d 234 (1978) was used to charge a defendant as a *301multiple offender. State ex rel. Becnel v. Blackburn, 410 So.2d 1015 (La.1982). The Court…