State v. SandersState v. Sanders
STATE of Louisiana
v.
Clarence SANDERS.
Supreme Court of Louisiana.
Bernard E. Fulghum, Jr., Orleans Indigent Defender Program, New Orleans, for defendant-appellant.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Timothy W. Cerniglia, Asst. Dist. Atty., for plaintiff-appellee.
MARCUS, Justice.
Clarence Sanders was charged in the same information in separate counts for the offenses of (1) possession of a firearm after having previously been convicted of a felony and (2) carrying a concealed weapon after having previously been convicted of a felony, in violation of
*493 ASSIGNMENT OF ERROR NO. 1
Defendant contends the trial judge erred in denying his motion to quash the bill of information in which he alleged, inter alia, that the statute under which he was charged was unconstitutional in that it impermissibly infringed on his right to keep and bear arms guaranteed in the federal and state constitutions. He argues that, having completed state supervision for his previous felony convictions, he has been restored to full rights of citizenship under the state constitution.
The identical contention asserted by defendant was previously considered by this court in State v. Amos,
In brief to this court, defendant contends that
It is well settled that a new basis for an objection cannot be raised for the first time on appeal. La.Code Crim.P. art. 841; State v. Gardette,
For the above reasons, we conclude that the trial judge did not err in denying defendant's motion to quash the bill of information.
Assignment of Error No. 1 is without merit.
ASSIGNMENTS OF ERROR NOS. 2, 3, 4 AND 5
In these assignments of error, defendant contends the trial judge erred in permitting the state to introduce, over defense objections and motion for mistrial, evidence of more than one of defendant's prior convictions for certain felonies enumerated in
It is unlawful for any person who has been convicted of first or second degree murder, manslaughter, aggravated battery, aggravated or simple rape, aggravated kidnapping, aggravated arson, aggravated or simple burglary, armed or simple robbery, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony or any crime defined as an attempt to commit one of the above enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which if committed in this state, would be one of the above enumerated crimes, to possess a firearm or carry a concealed weapon.
An essential element of the crime defined in the above statute is a defendant's prior conviction for one of the enumerated felonies. In the instant case, defendant was previously convicted of attempted simple burglary in 1970 and armed robbery in 1961, both of which are felonies which appear in the above statutory enumeration. The instant offense occurred within a ten-year period from the date of *494 completion, probation, parole or suspension of defendant's sentences imposed for his two previous felony convictions.
These assignments of error lack merit.
DECREE
For the reasons assigned, the conviction and sentence are affirmed.
CALOGERO, J., concurs and assigns reasons.
CALOGERO, Justice, concurring.
I am not prepared to say, or imply, that the state in a prosecution such as this may unrestrictedly present evidence of a defendant's multiple prior felonies. In this case, however, the trial judge wisely held a hearing outside the presence of the jury and apparently excluded proof of one of the three prior felonies which the state sought to introduce. On this record and in light of the judge's obvious concern to avoid undue prejudice to the defendant, I concur in the result herein.
NOTES
Notes
[1] Defendant was subsequently charged by bill of information as an habitual offender under