154 So. 3d 579
La. Ct. App.2014Background
- Defendant Jeffery Staden charged by amended bill: count 1 attempted first degree murder (14:30/14:27) and count 2 armed robbery (14:64).
- Trial: jury found count 1 as aggravated battery (14:34) and count 2 guilty as charged; sentences: 10 years and 50 years concurrent.
- Facts: during a robbery at Alby’s Market, Staden brandished a gun, hit the employee, bound a victim, demanded cash, and shot the victim after cash was taken.
- Court denied motion to reconsider sentence and this appeal challenges double jeopardy.
- Lower court affirmed convictions and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether double jeopardy bars punishment for both attempted felony murder and underlying robbery. | State contends only one conviction occurred; no multiple punishment for same offense. | Staden argues the attempted murder charge included the robbery element, yielding multiple punishments. | No double jeopardy violation; convictions for aggravated battery and armed robbery independently punish separate offenses. |
Key Cases Cited
- State v. Murray, 799 So.2d 453 (La. 2001) (recourse on double jeopardy and multiple punishments; per curiam)
- Ohio v. Johnson, 467 U.S. 493 (U.S. 1984) (multiple punishments may occur in single prosecution)
- Hall, 91 So.3d 302 (La. 2012) (same evidence vs same elements for double jeopardy; Hall framework)
- City of Baton Rouge v. Ross, 654 So.2d 1311 (La. 1995) (same elements vs same evidence; dual tests for same offense)
- State v. Nichols, 387 So.2d 1074 (La. 1976) (separate offenses in single transaction may be punished separately)
- State v. Steward, 681 So.2d 1007 (La. App. 1 Cir. 1996) (two independent crimes in same episode; not barred by double jeopardy)
- State v. Cotten, 438 So.2d 1156 (La. App. 1 Cir. 1983) (convictions for attempted felony murder and underlying felony violate double jeopardy)
- State v. Stewart, 400 So.2d 633 (La. 1981) (confirmation that attempted felony murder punishes the felony)
- State ex rel. Nirtha v. State, 824 So.2d 1179 (La. 2002) (double jeopardy considerations in multiple punishments)
- State ex rel. Adams v. Butler, 558 So.2d 552 (La. 1990) (double jeopardy principles in Louisiana)