State v. Hargrove

Supreme Court of Louisiana

Decided September 23, 1988

Supreme Court of Louisiana · decided 1988-09-23

Cited by 1 later decisions — most recently October 1988

1 state decisions

Relies on 468 So. 2d 554 - State Ex Rel. Sawyer v. Maggio

Good law ✅— No negative treatment on recordhow we know

Decided 1988-09-23

View the full empirical analysis of this case →

¶1In re Hargrove, Cedric D.; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Second Circuit, Number 19521-KA; Parish of Ouachita 4th Judicial District Court Div. “C” Number 45,440

¶2Denied.

LEMMON, J., concurs and assigns reasons.LEMMON, Justice,

¶3concurring m the denial of the application.

¶4The gravamen of La.R.S. 14:95 is prohibition of the concealment of a weapon, while the gravamen of La.R.S. 14:95.1 is prohibition of possession of a weapon, concealed or not, by a convicted felon. Inasmuch as the Legislature apparently intended to accomplish different- purposes by each statute, double jeopardy does not apply. See State v. Dubaz, 468 So.2d 554 (La.1985) (Lemmon, J., concurring). This defendant’s status as a convicted felon and his possession and concealment of a weapon made him guilty of both types of misconduct that the Legislature intended to deter.