STATE v. KENNEDY

No. 49,036-KA.

140 So.3d 1201 (2014)

STATE of Louisiana, Appellee v. Shawn Fitzgerald KENNEDY, Appellant.

Court of Appeal of Louisiana, Second Circuit.

May 14, 2014.


Attorney(s) appearing for the Case

Louisiana Appellate Project by Douglas Lee Harville , for Appellant.

Charles Rex Scott , II, District Attorney, for Appellee.

Karelia R. Stewart , Jessica Diane Cassidy , Cloyce Clark , III, Assistant District Attorneys.

Before CARAWAY, DREW and PITMAN, JJ.


DREW, J.

Shawn Fitzgerald Kennedy urges only one issue in this appeal. He attacks the constitutionality of La. R.S. 14:95.11 as being contrary to Const. Art. I, § 11, which was amended in 2012.2 Defendant's challenge to the statute, however, is not properly before us.

The issue was not pled or litigated in the trial court, violating clear precedent. See State v. Hatton, 2007-2377 (La.7/1...

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