STATE v. KISACK

No. 2016-K-0797.

236 So.3d 1201 (2017)

STATE of Louisiana v. Keith C. KISACK.

Supreme Court of Louisiana.

October 18, 2017.


Attorney(s) appearing for the Case

Christopher Albert Aberle ; For Applicant

ORLEANS PARISH DISTRICT ATTORNEY'S OFFICE, Hon. Leon A. Cannizzaro, Jr. , District Attorney, Donna R. Andrieu , Kyle C. Daly ; For Respondent


PER CURIAM

This case presents the questions of whether defense counsel waived the sentencing delay required by La.C.Cr.P. art. 873, and whether the State proved that less than ten years elapsed between defendant's most recent predicate offense and the present offense as required by La.R.S. 15:529.1(C). Finding that the State carried its burden of proof here, we nonetheless emphasize La.R.S. 15:529.1(C) imposes a requirement on the State to prove beyond a reasonable...

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