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66 So. 3d 40
La. Ct. App.
2011
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Background

  • Spikes was convicted of simple burglary of an inhabited dwelling and illegal possession of stolen things arising from a burglary of Guidry's home and possession of Guidry's casino chips.
  • He pled guilty to both offenses after initially pleading not guilty.
  • On Boykin, Spikes received 10 years on count one and 10 years on count two, to run concurrently.
  • The State filed a habitual-offender/multiple-bill on count one; Spikes pled guilty to being a second felony offender.
  • The trial court vacated the sentence on count two and resentenced Spikes under La. R.S. 15:529.1 to 10 years, concurrent with the other sentence.
  • Spikes challenged the convictions and sentences as violating double jeopardy; the court addressed sentencing errors on remand.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Do the two offenses violate double jeopardy? Spikes asserts the offenses arise from the same conduct. Spikes relies on Vincent and Bradley to argue impairment of double jeopardy. Not the same offense; separate elements and conduct; convictions affirmed.
Whether sentencing errors require remand and correction of the multiple-offender sentence? Spikes argues improper resentencing and misapplication of the multiple-bill. Court should correct sentencing and reinstate appropriate counts. Remanded to correct sentencing: reinstate count-two sentence, vacate and reimpose the multiple-offender sentence on count one; advise hard labor and habitual-offender terms on remand.

Key Cases Cited

  • State v. Vincent, 387 So. 2d 1097 (La. 1980) (distinct facts support separate offenses)
  • State v. Robertson, 386 So.2d 906 (La. 1980) (same incident may involve multiple offenses with different conduct)
  • In re Bradley, 1 So. 3d 459 (La. 2009) (double jeopardy analysis in possession vs armed robbery context)
  • State v. Barton, 857 So.2d 1189 (La. App. 5th Cir. 2003) (articulates Blockburger distinct-factor test and double jeopardy framework)
  • State v. Cotten, 438 So.2d 1156 (La. App. 1st Cir. 1983) (double jeopardy principles inLouisiana appellate context)
  • State v. Steele, 387 So.2d 1175 (La. 1980) (same-evidence test described and contrasted with Blockburger)
  • Blockburger v. United States, 284 U.S. 299 (1932) (establishes Blockburger distinct-facts test)
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Case Details

Case Name: State v. Spikes
Court Name: Louisiana Court of Appeal
Date Published: May 10, 2011
Citations: 66 So. 3d 40; 10 La.App. 5 Cir. 831; 2011 La. App. LEXIS 548; 2011 WL 1775862; 10-KA-831
Docket Number: 10-KA-831
Court Abbreviation: La. Ct. App.
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