No. 86-K-0096 | La. | Mar 31, 1986
Lead Opinion
In re State of Louisiana; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fifth Circuit, Number 85-KA-285, 85-KA-344; Parish of Jefferson First Parish Court of Jefferson Div. “A” Number 564-680, 568-575.
Prior report: La.App.1985, 478 So. 2d 945" date_filed="1985-11-12" court="La. Ct. App." case_name="State v. Boasso">478 So.2d 945.
Denied.
Concurrence Opinion
concurs in the denial. The state "(the party applying for review) created the problem by moving to sever. If the trial judge had refused the severance (as he should have) and tried the cases together, defendant’s sentence exposure would have been limited by La.C.Cr.P. art. 493.1 to six months, and no jury trial would have been available. By moving to sever and to conduct separate trials, the state attempted to increase sentencing exposure, but bestowed on defendant the right to a jury trial and thereby divested the parish court of jurisdiction. See my dissent in State v. Odell, 458 So. 2d 1304" date_filed="1984-11-26" court="La." case_name="State v. Odell">458 So.2d 1304 (La.1984).