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735 So. 2d 669

State v. Thomas

Louisiana Court of Appeal

Decided January 6, 1999

Louisiana Court of Appeal · decided 1999-01-06

Cited by 1 later decisions — most recently October 2002

1 state decisions

Key passage — most relied on by later courts

“When misdemeanor offenses are charged by separate bills of information and the aggregate penalty of the offenses exceeds six months imprisonment or a fine of $1,000.00, a defendant is entitled to a jury trial. State v. Hornung, 620 So.2d 816 (La.1993). At the time of his trial, the defendant had been charged by four separate charging instruments. His penalty exposure exceeded six months confinement.”

quoted by 1 later decision, including 827 So. 2d 1277 - State v. Stewart

Relies on State v. Hornung · 720 So. 2d 91 - State v. Thomas

Good law ✅— No negative treatment on recordhow we know

Decided 1999-01-06

View the full empirical analysis of this case →

11WOODARD, Judge.

¶1In State v. Thomas, 98-231 (La. App. 3 Cir. 10/7/98), 720 So.2d 91, we remanded this case to the trial court for an evidentiary hearing to determine whether the defendant knowingly and intelligently waived his right to a trial by jury. On November 6, 1998, the trial court held the required evidentiary hearing. The defendant testified that he had not waived his right to a jury trial and would have exer*670cised this right had he been given the opportunity.

¶2When misdemeanor offenses are charged by separate bills of information and the aggregate penalty of the offenses exceeds six months imprisonment or a fíne of $1,000.00, a defendant is entitled to a jury trial. State v. Hornung, 620 So.2d 816 (La.1993). At the time of his trial, the defendant had been charged by four separate charging instruments. His penalty exposure exceeded six months confinement.

¶3As the defendant had not waived his right to trial by jury at his trial, his conviction is vacated. The sentence is set aside. This case is remanded to the trial court for further proceedings consistent with this opinion.

¶4CONVICTION VACATED. CASE REMANDED FOR A NEW TRIAL.

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