State v. Netter, 79 So. 3d 478

Defendant Rene Netter was charged with simple burglary of an inhabited dwelling and found guilty by a 12-person jury.
Sentencing: eight years at hard labor, with one year without parole; later enhanced to life imprisonment as a fourth felony offender after a multiple offender hearing.
The offense involved a burglary at an elderly, wheelchair-using trailer park manager (Ms. Tompkins) where cash, purses, and personal items were taken; Veal testified about a pretextual scheme to obtain funds.
Police recovered a flathead screwdriver and gloves; a crowbar and flashlight found near the scene; Tompkins identified the defendants by body type, not face.
Defendant requested a jury instruction on intoxication to negate specific intent; the trial court denied the request.
Appellate review found the multiple offender sentence void because the original sentence was not vacated before imposing the enhanced sentence; remanded for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Intoxication defense instruction denial	Netter argues intoxication could preclude specific intent.	Netter contends jury should decide intoxication impact.	No reversible error; evidence did not show intoxication precluded specific intent.
Excessive sentence as a fourth felony offender	State asserts enhanced life sentence proper given crimes.	Netter argues life sentence excessive for non-death harm.	Sentence support issues reviewed; however, the multiple offender sentence was found null and void and vacated for resentencing.
Validity of the multiple offender enhancement	State contends the enhancement was proper and enforceable.	Netter challenges validity due to failure to vacate original sentence.	Multiple offender sentence null and void; remanded to vacate original sentence before imposing enhanced sentence.
Post-conviction relief advisory on remand	State unchanged matter; advisory not essential here.	Netter argues adequate advisement is required.	Court instructed trial court to advise on prescriptive period for post-conviction relief during resentencing.

State v. Davenport, 2 So.3d 445 (La.App. 5 Cir. 2008) (specific intent may be inferred; intoxication may negate only if precluded)
State v. Sopczak, 823 So.2d 978 (La.App. 5 Cir. 2002) (burden on state when intoxication could preclude specific intent)
State v. Dammeron, 719 So.2d 1151 (La.App. 5 Cir. 1998) (standard for intoxication negating specific intent; requirement of beyond reasonable doubt)
State v. Lawson, 1 So.3d 516 (La.App. 5 Cir. 2008) (Art. 802 requires jury instruction on applicable law when properly requested)
State v. Boss, 848 So.2d 75 (La.App. 5 Cir. 2003) (vacation of multiple offender sentence when original not vacated)
State v. Dyer, 794 So.2d 1 (La.App. 5 Cir. 2001) (proper remand when multiple offender status null)