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STATE v. LANCLOS

Nos. 2007-OK-0082, 2007-KA-0716.

980 So.2d 643 (2008)

STATE of Louisiana v. Kenneth W. LANCLOS.

Supreme Court of Louisiana.

April 8, 2008.

Attorney(s) appearing for the Case

James D. Caldwell, Attorney General, Paul D. Connick, Jr., District Attorney, Terry Michael Boudreaux, Norma Becerra Broussard, Desiree' Marie Valenti, Assistant District Attorneys, for applicant.

Herman, Herman, Katz & Cotlar, Soren Erik Giseson, New Orleans, for respondent.

JOHNSON, Justice.

This is a direct appeal by the State of Louisiana pursuant to La. Const. art. V § 5(D), contesting the trial court's finding that the $5.00 court cost assessed pursuant to La. R.S. 32:57(G) is an unconstitutional tax to be levied improperly through the judicial system, and thus a violation of the separation of powers doctrine of La. Const. art. II § 2. For the following reasons, we affirm the decision of the trial court.

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