Summary
The Supreme Court of Louisiana held that separate convictions and consecutive sentences for attempted first-degree murder of multiple victims in a single criminal episode did not violate the federal or state Double Jeopardy Clauses. Applying Blockburger principles and Louisiana law, the court concluded that the legislature intended to protect each homicide victim separately. On rehearing, the court affirmed the convictions but remanded to the court of appeal to consider an additional assignment of error.
Holdings
- Separate convictions and consecutive sentences are permissible for each victim of attempted first degree murder under La. R.S. 14:30(A)(3), even when the offenses arise from a single criminal episode, because the Legislature intended to protect each victim from felonious injury and authorized cumulative punishments.
- On rehearing, the court amended its original order to affirm the defendant's convictions but remanded the case to the court of appeal for consideration of the remaining assignment of error.
Questions Presented
- Whether imposing separate convictions and consecutive sentences for two counts of attempted first degree murder, based on separate victims in one homicidal episode under La. R.S. 14:30(A)(3), violated the federal or Louisiana Double Jeopardy Clauses.
- Whether the court of appeal's judgment should be amended on rehearing to permit consideration of Murray's remaining assignment of error.
Disposition
remanded
Cases Cited (11)
- State v. Murray, 99-1045 (La. App. 1 Cir. Feb. 18, 2000), ___ So. 2d ___(reversed)
- State v. Williams, 480 So. 2d 721, 726 (La. 1985)(followed)
- North Carolina v. Pearce, 395 U.S. 711, 717, 89 S. Ct. 2072, 23 L. Ed. 2d 656 (1969)(followed)
- Blockburger v. United States, 284 U.S. 299, 302-304, 52 S. Ct. 180, 76 L. Ed. 306 (1932)(followed)
- Texas v. Cobb, 532 U.S. 162, 121 S. Ct. 1335, 149 L. Ed. 2d 321 (2001)(followed)
- Brown v. Ohio, 432 U.S. 161, 97 S. Ct. 2221, 53 L. Ed. 2d 187 (1977)(followed)
- State v. Steele, 387 So. 2d 1175, 1177-1178 (La. 1980)(followed)
- State v. Williams, 461 So. 2d 1118, 1126 (La. App. 5 Cir. 1984)(distinguished)
- State v. Gerrel, 499 So. 2d 381 (La. App. 4 Cir. 1986), writ denied, 515 So. 2d 1106, 1107 (La. 1987)(followed)
- State v. Goltz, 169 Or. App. 619, 10 P.3d 955, 957 (2000)(followed)
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Cited In (0)
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