STATE v. SMITH

No. KA 2241.

482 So.2d 68 (1986)

STATE of Louisiana v. Barry SMITH.

Court of Appeal of Louisiana, Fourth Circuit.

January 15, 1986.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara B. Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., and Joanne C. Marier, Asst. Dist. Atty., New Orleans, for State.

Dwight Doskey, New Orleans, for defendant.

Before REDMANN, C.J., and BARRY and ARMSTRONG, JJ.


REDMANN, Chief Judge.

The only question on this appeal is whether a prior conviction was properly used to enhance sentence of the present conviction. We hold it was not.

The state has the burden of proving that a defendant should be sentenced as a multiple offender, just as it has the burden of proving that a defendant should be sentenced as a single offender. The state did not carry its burden and the defendant did...

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