State v. Gaubert
Louisiana Court of Appeal
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
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Baldwin v. New YorkSupreme Court of the United States · 1970
- Mathes v. SchwingLouisiana Court of Appeal · 1929
- State v. FlowersLouisiana Court of Appeal · 2011
- State v. BarrSupreme Court of Louisiana · 2001
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