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2000-KP-0570 STATE OF LOUISIANA v. CHRISTOPHER ARNOLD
State: Louisiana
Court: Supreme Court
Docket No: 2000-KP-0570
Case Date: 01/01/2000
Preview:Editor's note: opinion released October 6, 2000

SUPREME COURT OF LOUISIANA 00-KP-0570 STATE OF LOUISIANA versus CHRISTOPHER D. ARNOLD ******************** ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF VERNON ******************** PER CURIAM Writ Granted. The Court of Appeal, Third Circuit, erred in its analysis of defendant's claim of a double jeopardy violation. Defendant, who has entered an unconditional guilty plea, can only attack the convictions on double jeopardy grounds if he shows a double jeopardy violation on the face of the pleadings or record. LA. CODE CRIM. PROC. art. 930.2; United States v. Broce, 488 U.S. 563, 575-76 (1989); State ex rel. Boyd v. State, 98-0378 (La. 10/9/98), 720 So. 2d 667; State ex rel. Adams v. Butler, 558 So. 2d 552, 553 n.1 (La. 1990); cf. State v. Texada, 98-1647 (La. App. 3 Cir. 5/5/99), 734 So. 2d 854, 863-64. Accordingly, the judgment of the court of appeal is vacated and set aside and this case is remanded to the appellate court for further consideration of defendant's claim of a double jeopardy violation based only on the face of the pleadings and record.

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