Supreme Court of Louisiana, 1988

State v. Myles

State v. Myles
Supreme Court of Louisiana · Decided April 4, 1988 · Cole, Deny, Writ
521 So. 2d 1177; 1988 La. LEXIS 385; 1988 WL 29354 (Southern Reporter, Second Series)

State v. Myles

Opinion of the Court

In re Myles, Elvin; applying for supervisory and/or remedial writs; Parish of Tangipahoa, 21st Judicial District Court, Div. “D”, No. 42982.

Granted. Relator's armed robbery conviction and sentence contravene the constitutional prohibition against double jeopardy —State ex rel. Wikberg v. Henderson, 292 So.2d 505 (La. 1974). Accordingly, relator’s armed robbery conviction and sentence are vacated. Relator’s first degree murder conviction and sentence are unaffected.

COLE, J., would deny the writ.

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