66 So. 3d 24
La. Ct. App.2011Background
- Garcia was charged by information with attempted first degree murder and armed robbery after a Walgreens shooting and robbery in Kenner, Louisiana.
- Witnesses identified Garcia as the fleeing shooter; Robertson identified Garcia from a photo lineup.
- Garcia gave statements after Miranda warnings and moved to suppress at trial; he later pled guilty as Alford to both offenses.
- Sentences: 30 years for each offense, concurrent, with no probation or suspension; later a multiple-bill proceeding occurred for attempted first degree murder.
- The court resentenced Garcia under La. R.S. 15:529.1 and the sentence for the murder conviction was adjusted; the armed robbery sentence remained without parole restrictions.
- The State sought to correct the sentences via an error-Patent analysis and the court evaluated double jeopardy and the proper disposition of concurrent offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether double jeopardy bars conviction for both offenses | Garcia argues stacked jeopardy for attempted murder and underlying armed robbery. | State contends preservation issues but ultimately argues against duplicative punishment. | Double jeopardy violated; vacate armed robbery conviction; uphold attempted murder conviction. |
Key Cases Cited
- State v. Stack, 659 So.2d 853 (La.App. 5 Cir. 1995) (two offenses merge when underlying felony essential to felony murder/attempted murder)
- United States v. Broce, 488 U.S. 563 (U.S. Supreme Court 1989) (double jeopardy limits on conviction or punishment when court lacks power)
- State v. Barton, 857 So.2d 1189 (La.App. 5 Cir. 2003) (same evidence vs. Blockburger tests for double jeopardy)
- State v. Cotten, 438 So.2d 1156 (La.App. 1 Cir. 1983) (double jeopardy analysis begins with offense count and elements)
- State v. Steele, 387 So.2d 1175 (La.1980) (same evidence test breadth and central idea of not punishing twice)
- State v. Williams, 800 So.2d 790 (La.2001) (self-activating statutory restrictions on probation/parole when not stated)
- State v. Butler, 558 So.2d 552 (La.1990) (when general rule feasible, vacate less severely punished offense)
- State v. Crosby, 338 So.2d 584 (La.1976) (unqualified guilty plea does not preclude review of jurisdictional defects)