Legal Opinion
State v. Garcia
Louisiana Court of Appeal
Decided May 10, 2011No. 10-KA-755PublishedCited by 8 opinions
1Opinion of the Court
FREDERICKA HOMBERG WICKER, Judge.
12Defendant/appeIlant, Mr. Peter Garcia, appeals his convictions and sentences for attempted first degree murder and attempted armed robbery arguing that the state’s action in filing a bill of information charging him with the two offenses subjected him to double jeopardy. He argues that his conviction and sentence for attempted armed robbery, the less severely punishable offense, should be vacated. We agree. Finding a double jeopardy violation, we affirm the conviction and sentence imposed on attempted first degree murder and reverse and vacate the sentence…
2Cases cited18 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. AlfordSupreme Court of the United States · 1970
- State v. OliveauxSupreme Court of Louisiana · 1975
- State v. WeilandLouisiana Court of Appeal · 1990
- State v. CrosbySupreme Court of Louisiana · 1976
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. S.L.Louisiana Court of Appeal · 2012
- State v. RichardLouisiana Court of Appeal · 2013
- State v. DavisLouisiana Court of Appeal · 2013
- State v. DreweryLouisiana Court of Appeal · 2013
- State v. FairmanLouisiana Court of Appeal · 2015
3 more not listed; retrieve them via the Exa API.