State v. Kritzman

Supreme Court of Louisiana
State v. Kritzman, 840 So. 2d 1207 (La. 2003)
2003 La. LEXIS 957; 2003 WL 1883564
Calogero, Johnson, Knoll

State v. Kritzman

Dissenting Opinion

CALOGERO, C.J., JOHNSON, J., and KNOLL, J,

would grant the writ application. The record of the habitual offender adjudication does not indicate that the state proved that defendant’s 1993 guilty plea in Michigan to malicious destruction of personal property over $100, a felony offense in that jurisdiction, “if committed in this state would be a felony.” La.Rev. Stat. 15:529.1(A)(1); State ex rel. Wilson v. Maggio, 422 So.2d 1121, 1123-24 (La. 1982); State v. Berndt, 416 So.2d 56, 58-59 (La. 1982). The district court should be ordered to hold another habitual offender adjudication at which the state will have the opportunity to prove that defendant’s Michigan conviction would have constituted a felony if committed in Louisiana.

Opinion of the Court

In re Kritzman, James K. Jr.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of St. Tammany, 22nd Judicial District Court Div. E. No. 274797; to the Court of Appeal, First Circuit, No. 2001 KA 0873.

Denied.

Reference

Full Case Name
STATE of Louisiana v. James K. KRITZMAN, Jr.
Status
Published