State v. Barr, 781 So. 2d 1249

PER CURIAM:

Granted for the sole purpose of transferring the application to the Third Circuit Court of Appeal for consideration as an appeal. To the extent that La.R.S. 14:40.2(B)(1) provides for a penalty in excess of six months in jail, it defines an offense triable by a jury. La. Const. art. I, § 17; La.C.Cr.P. art. 779(A). Moreover, to the extent that the defendant faced a total sentencing exposure exceeding six months imprisonment following the consolidation of the four bills of information for trial, the defendant became entitled to a jury trial as to all of the charged misdemeanor offenses. State v. Hornung, 620 So.2d 816, 817 (La.1993). The defendant‘s remedy upon conviction and sentence was therefore by appeal and not by supervisory review. La. Const. art. V, § 10(A)(3); La.C.Cr.P. art. 912.1(B); State v. Swan, 544 So.2d 1204, 1206, n. 3 (La. App. 1st Cir.1989).

LEMMON, J., concurs, but would not base the decision, even in part, on State v. Hornung, 620 So.2d 816 (La. 1973), in which I dissented.

Case Details

Case Name: State v. Barr

Court Name: Supreme Court of Louisiana

Date Published: Mar 9, 2001

Citations: 781 So. 2d 1249; 2001 WL 243236; 2000-KP-1787

Docket Number: 2000-KP-1787

Court Abbreviation: La.