State v. Martin, 92 So. 3d 1027

Defendant John H. Martin was charged by bill of information with four counts: armed robbery (count 1), armed robbery with firearm enhancement (count 2), aggravated burglary (count 3), and attempted first degree murder (count 4).
The trial court quashed count 3 on double jeopardy grounds; the State did not challenge that ruling on appeal.
After trial by jury, Martin was found guilty on counts 1 and 2, and guilty of the responsive offense of attempted second degree murder on count 4.
The court sentenced: count 1 to 20 years; count 2 to an additional 5 years to be served consecutively; count 4 to 20 years to be served concurrently with counts 1 and 2.
The defense argued double jeopardy barred the attempted first degree murder charge based on armed robbery; the State and defense agree the conviction on count 4 was for attempted second degree murder.
The appellate court affirmed counts 1 and 2, vacated the sentence on count 4, and remanded for resentencing and clerical corrections due to the sentencing error and misstatement in minutes.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Double jeopardy via underlying felony	Martin argues armed robbery as underlying felony makes attempted first degree murder duplicative.	State asserts attempted second degree murder (not first degree) cures double jeopardy; no overlapping punishment.	No double jeopardy violation; separate evidentiary basis for each offense.
Sentencing error for count 4	Conviction mis-stated in minutes, sentencing not aligned with verdict.	Judicial error; improper labeling requires correction.	Sentence on count 4 vacated; remanded for resentencing and clerical corrections.

Blockburger v. United States, 284 U.S. 299 ((1932)) (form test: separate elements vs same act under multiple statutes)
State v. Green, 687 So.2d 109 (La. App. 1st Cir. 1996) (dual tests for double jeopardy: Blockburger and same evidence)
State v. Murray, 799 So.2d 453 (La. 2001) (constitutional double jeopardy guidance)
State v. Steele, 387 So.2d 1175 (La.1980) (same evidence test focuses on proof needed for each conviction)
State v. Jarman, 445 So.2d 1184 (La.1984) (elements of armed robbery and murder crimes analyzed)
State v. Barnett, 700 So.2d 1005 (La.App. 1st Cir. 1997) (underlying felony approach to double jeopardy analysis)
State v. Butler, 558 So.2d 552 (La.1990) (felony murder/underlying felony considerations)
State v. Jones, 642 So.2d 252 (La.App. 4th Cir. 1994) (attempted second degree murder not based on underlying felony)
State v. Allen, 571 So.2d 758 (La.App. 2nd Cir. 1990) (convictions analyzed for double jeopardy based on actual verdicts)
State v. Session, 902 So.2d 506 (La.App. 5th Cir. 2005) (sentencing error when wrong offense referenced; remand guidance)
State v. Lynch, 441 So.2d 732 (La.1983) (transcript controls where minutes conflict with verdict)