State v. Price

hi agree with the majority’s reversal of the ruling that the State did not prove Defendant was a second-felony habitual offender. I further agree with the vacature of the sentences and remand for resen-tencing. However, as to the majority’s opinion affirming Defendant’s convictions for simple kidnapping, I respectfully dissent. In my view, the determination of whether simple kidnapping is a lesser included offense of second degree kidnapping necessarily requires an analysis of the facts on a case by case basis.

As noted by the original panel in State v. Price, 15-0364 (La.App. 4 Cir. 7/6/16),…