(Download) "State v. Anders" by Supreme Court Of Louisiana # Book PDF Kindle ePub Free
eBook details
- Title: State v. Anders
- Author : Supreme Court Of Louisiana
- Release Date : January 21, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
This consolidated criminal case concerns whether under the provisions of former LA. REV. STAT. ANN. § 40:966(D)(2), 1 the respective defendants prior convictions for distribution of marijuana can be used to enhance their respective misdemeanor charges from possession of marijuana to possession of marijuana, second offense, a felony. The rules of statutory construction and well established jurisprudence of this state direct that the resolution of any ambiguity in the wording of a criminal statute is made in favor of the defendant. Accordingly, we conclude that the State erred when it used the respective defendants' previous conviction for distribution of marijuana as the predicate offense to enhance the charge from possession of marijuana to possession of marijuana, second offense. FACTS AND PROCEDURAL HISTORY