Legal Opinion · Concurrence

State v. Gaubert

Louisiana Court of Appeal

Decided December 9, 2015No. 2015-KA-0774Published

1Concurrence

BONIN,. J.,

concurs with reasons.

U concur in the majority opinion.' I write separately, however, to further explain the basis for exercising our appellate jurisdiction in this particular case in which the defendant was charged with a felony but only convicted of a misdemeanor.

The original provisions of the Louisiana Constitution of 1974 vested the Supreme Court with exclusive criminal appellate jurisdiction in cases where “a law or ordinance has been declared unconstitutional” or'where “[t]he defendant has been convicted of a felony or a fine exceeding five hundred dollars, or imprisonment…

2Cases cited8 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Baldwin v. New YorkSupreme Court of the United States · 1970
  3. Mathes v. SchwingLouisiana Court of Appeal · 1929
  4. State v. FlowersLouisiana Court of Appeal · 2011
  5. State v. BarrSupreme Court of Louisiana · 2001

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