State Of Louisiana v. Lashawn Anthony Smith
2025 KW 0816
| La. Ct. App. | Nov 3, 2025
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISTANA NO. 2025 KW 0816

VERSUS

LASHAWN ANTHONY SMITH NOVEMBER 3, 2025

In Re: Lashawn Anthony Smith, applying for supervisory writs,
32nd Judicial District Court, Parish of Terrebonne, No.
587665.

BEFORE : LANIER, WOLFE, AND HESTER, JJ.

WRIT DENIED. The decision in Erlinger v. United States,
602 U.S. 821, 839
,
144 S.Ct. 1840
, 1853-54,
219 L.Ed.2d 451
 (2024),
which held that the Fifth and Sixth Amendments require a unanimous
jury’s determination of facts essential to an enhanced sentence
under the Armed Career Criminal Act, let stand the exception that
the existence of a prior conviction triggering enhanced penalties
for a recidivist was a fact that could be found by a judge, not an
element of the crime that must be found by a jury. Furthermore,
it is well settled that “[a] defendant is not convicted of being
a habitual offender. Rather, a defendant is adjudicated as a
habitual offender as a result of prior felony convictions. The
sentence to be imposed following a habitual offender adjudication
is simply an enhanced penalty for the underlying conviction.” See
State v. Kennon, 2019-00998 (La. 9/1/20),
340 So.3d 881
, 887 (per
curiam) (citing State v. Parker, 2003-0924 (La. 4/14/04), 871 So.2a
317, 325-26). As “a multiple offender proceeding is not the trial
of a criminal charge” but instead is “merely part of sentencing
and allows enhanced penalties for repeat offenders,” the trial
court’s adjudication of relator’s habitual offender status
pursuant to La. R.S. 15:529.1 does not run afoul of Erlinger’s
holding. See State v. Austin, 2025-373 (La. App. 5th Cir.
9/12/25),
2025 WL 2631395
, *4-5 (unpublished). Moreover, the
Erlinger decision does not state whether its holding is to be
applied retroactively. Accordingly, the district court did not
abuse its discretion in denying relator’s application for
postconviction relief.

WIL

CHH

“COURT OF APPEAL, FIRST CIRCUIT

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EPUTY *tERE OF COURT
FOR THE COURT