State v. Stewart

Supreme Court of Louisiana
State v. Stewart, 480 So. 2d 736 (La. 1986)
1986 La. LEXIS 5460

State v. Stewart

Opinion of the Court

In re Stewart, Shirley; applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. 84-KA-1070; Parish of East Baton Rouge, 19th Judicial District Court, Div. “A”, No. 1-82-781.

Prior report: La.App., 470 So.2d 578.

Writ granted with respect to assignment of error No. 1; otherwise denied. In relator’s assignment of error No. 1 he complains of the two year sentence imposed by the trial judge under La.Rev.Stat.Ann. 14:95.2. The assignment is meritorious. Neither that statute nor any allegation of firearm use appears in the bill of information. Relator may thus not be convicted or sentenced under R.S. 14:95.2. See State v. Jackson, 480 So.2d 263 (La. 1985), No. 84-*737K-1716. The conviction for violating § 14:95.2 and the corresponding imposition of the two year sentence is therefore reversed and set aside.

Reference

Full Case Name
STATE of Louisiana v. Shirley STEWART
Status
Published