Legal Opinion

State v. Spikes

Louisiana Court of Appeal

Decided May 10, 2011No. 10-KA-831PublishedCited by 1 opinion

1Opinion of the Court

FREDERICKA HOMBERG WICKER, Judge.

12Pefendant/relator, Mr. Larce Spikes, appeals his convictions and sentences for simple burglary of an inhabited dwelling and illegal possession of stolen things, arguing that the two offenses subjected him to double jeopardy. Because we find that the two offenses do not arise from the same conduct, the convictions are affirmed, but the case is remanded to the district court for the correction of a sentencing error.

Facts and Procedural Background

On January 26, 2008, Mr. Spikes committed the simple burglary of an inhabited dwelling belonging to Mr. Robert…

2Cases cited14 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. State v. OliveauxSupreme Court of Louisiana · 1975
  3. State v. WeilandLouisiana Court of Appeal · 1990
  4. Copenhaver v. John Bonura & Co.Louisiana Court of Appeal · 1925
  5. State v. SteeleSupreme Court of Louisiana · 1980

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3Cited by1 opinion

  1. State v. TaylorLouisiana Court of Appeal · 2012

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