Supreme Court of Louisiana, 1988

State v. Hargrove

State v. Hargrove
Supreme Court of Louisiana · Decided September 23, 1988 · Lemmon, Reasons
530 So. 2d 1163; 1988 La. LEXIS 1683; 1988 WL 97467 (Southern Reporter, Second Series)

State v. Hargrove

Opinion of the Court

In re Hargrove, Cedric D.; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Second Circuit, Number 19521-KA; Parish of Ouachita 4th Judicial District Court Div. “C” Number 45,440

Denied.

LEMMON, J., concurs and assigns reasons.

Concurring Opinion

LEMMON, Justice,

concurring m the denial of the application.

The gravamen of La.R.S. 14:95 is prohibition of the concealment of a weapon, while the gravamen of La.R.S. 14:95.1 is prohibition of possession of a weapon, concealed or not, by a convicted felon. Inasmuch as the Legislature apparently intended to accomplish different- purposes by each statute, double jeopardy does not apply. See State v. Dubaz, 468 So.2d 554 (La. 1985) (Lemmon, J., concurring). This defendant’s status as a convicted felon and his possession and concealment of a weapon made him guilty of both types of misconduct that the Legislature intended to deter.

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