Legal Opinion

State v. Cheley

Louisiana Court of Appeal

Decided May 1, 2019No. 18-805PublishedCited by 2 opinions

1Opinion of the Court

SAUNDERS, Judge.

*872Defendant, Curtis Cheley, is once again before this court seeking review of his sentence. In a previous appeal, this court affirmed Defendant's conviction for aggravated second degree battery. State v. Cheley , 17-538, 17-696 (La.App. 3 Cir. 1/4/18), 237 So.3d 58. Although the trial court had adjudicated Defendant a third habitual offender, this court found a statement made by the trial court at sentencing indicated the sentence was not being enhanced. Since aggravated second degree battery is punishable by not more than fifteen years, this court found the trial court's…

2Cases cited15 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Ross Milling Co. v. GilibertiLouisiana Court of Appeal · 1925
  3. Wasman v. United StatesSupreme Court of the United States · 1984
  4. Texas v. McCulloughSupreme Court of the United States · 1986
  5. State v. EsteenLouisiana Court of Appeal · 2002

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3Cited by2 opinions

  1. State v. CheleyLouisiana Court of Appeal · 2019
  2. State v. CheleyLouisiana Court of Appeal · 2019

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