Legal Opinion

State v. George

Louisiana Court of Appeal

Decided March 11, 2010No. 2008-KA-1193, 2008-KA-1338, 2009-KA-0561, 2009-KA-0630, 2009-KA-0867PublishedCited by 6 opinions

1Opinion of the Court

JOAN BERNARD ARMSTRONG, Chief Judge.

1In these consolidated appeals, each defendant-appellant was charged with a violation of La. R.S. 40:966 E, second or third offense possession of marijuana. Each appellant seeks review of the trial court’s denial of his motion to quash the charge against him based upon a claim that the enhancement of the charge was unconstitutional because it used at least one prior misdemeanor conviction for which a jury trial was not available. Although the trial court in each of these consolidated cases rejected this argument, a different section of Criminal District…

2Cases cited8 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. North Carolina v. AlfordSupreme Court of the United States · 1970
  3. Duncan v. LouisianaSupreme Court of the United States · 1968
  4. State v. CrosbySupreme Court of Louisiana · 1976
  5. State v. BrownSupreme Court of Louisiana · 2004

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3Cited by6 opinions

  1. State v. ButlerLouisiana Court of Appeal · 2010
  2. State v. BraudLouisiana Court of Appeal · 2010
  3. State v. OdomsLouisiana Court of Appeal · 2011
  4. George v. LouisianaSupreme Court of the United States · 2011
  5. State v. LandryLouisiana Court of Appeal · 2011

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