Legal Opinion · Concurrence

State v. Hall

Louisiana Court of Appeal

Decided May 13, 2015No. 2014-KA-1046Published

1ConcurrenceLove, J.

|,1 respectfully concur. I agree that the matter should be remanded for resentenc-ing pursuant to La.C.Cr.P. art. 894.1; however, I write separately to express my views as it relates to an errors patent review of the cleansing period issue.

I find that given the “sufficiency of the proof of the ‘cleansing period’ bears on [Mr. Hall’s] due process rights” and in our *73capacity as an error-correcting court, we should apply an errors patent review to the cleansing period issue on appeal as fellow Louisiana circuits have done. State v. Abdul, 11-863, p. 28-29 (La.App. 5 Cir. 4/24/12), 94 So.3d 801,…

2Cases cited9 opinions

  1. State Ex Rel. Melinie v. StateSupreme Court of Louisiana · 1996
  2. State v. WilliamsSupreme Court of Louisiana · 2001
  3. State v. CottonSupreme Court of Louisiana · 2010
  4. State v. BakerLouisiana Court of Appeal · 1984
  5. State v. AbdulLouisiana Court of Appeal · 2012

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