Legal Opinion · Dissent

State v. Boatner

Louisiana Court of Appeal

Decided January 15, 2003No. 2001-KA-1659Published

1Dissent

1BYRNES, C.J.,

dissenting with reasons.

I respectfully dissent based on my conclusions that the transcript is adequate to review the defendant Tory Boatner’s conviction on appeal.

This court has held that a complete appellate review of a conviction and sentence can be accomplished, even when there are missing portions of the trial record. See, e.g., State v. Cooley, 98-0576, p. 9 (La.App. 4 Cir. 11/17/99), 747 So.2d 1182, writ denied, 2000-0225 (La. 12/15/00), 777 So.2d 475; State v. Allen, 95-1754, p. 11 (La.9/5/96), 682 So.2d 713, 722. A defendant is not entitled to relief absent a showing of…

2Cases cited16 opinions

  1. State v. CastleberrySupreme Court of Louisiana · 1999
  2. State v. HoffmanSupreme Court of Louisiana · 2000
  3. State v. HawkinsSupreme Court of Louisiana · 1997
  4. State v. AllenSupreme Court of Louisiana · 1996
  5. State v. ValentineLouisiana Court of Appeal · 1990

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