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692 So. 2d 1055

Docket No. 96-K—2706.

State v. Denis

STATE of Louisiana v. David B. DENIS.

Supreme Court of Louisiana

Decided April 25, 1997.

Rehearing Denied June 13, 1997.

Supreme Court of Louisiana · decided 1997-04-25

Key passage — most relied on by later courts

“[P]rinciples of res judicata or double jeopardy do not preclude the State in a single prosecution from adjudicating the defendant a third offender and then adjudicating him a fourth offender in a subsequent proceeding on the basis of a conviction and documentary evidence not used previously to determine his multiple status.”

quoted by 3 later decisions, including 38 So. 3d 1102 - State v. Quinn, 917 So. 2d 1185 - State v. Mays

Relies on 340 So. 2d 309 - State v. Hill

Good law ✅— No negative treatment on recordhow we know

Decided 1997-04-25

How this case has been cited

Cited by 4 later decisions — most recently May 2010

4 state decisions

20199720002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1PER CURIAM:

¶2Granted. The defendant's adjudication and sentence to 24 years at hard labor as a fourth offender under La.R.S. 15:529.1 are reinstated, the latter as amended by the court of appeal to delete the requirement of additional jail time for failure to pay court costs. As long as the punishment imposed on the defendant does not exceed what the legislature has prescribed, and in the absence of any evidence that the state sought separate hearings to oppress or harass the defendant, principles of res judicata or double jeopardy do not preclude the state in a single prosecution from adjudicating the defendant a third offender and then adjudicating him a fourth offender in a subsequent proceeding on the basis of a conviction and documentary evidence not used previously to determine his multiple offender status. Cf. State v. Hill,340 So.2d 309, 312 (La.1976) (To the extent that "[a] hearing on a multiple offender bill is a trial in only a very broad sense.... [and] is more pertinently an inquiry into defendant's prior criminal conviction or convictions, as part of the sentencing process ...," technical deficiencies in the state's documentation may require a negative determination by the court but do not preclude relitigation of the defendant's multiple offender status at a subsequent hearing.)

¶3JOHNSON, J., not on panel.

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