Opinion
No. 94-K-3147
June 2, 1995
IN RE: State of Louisiana; — Plaintiff(s); Applying for Writ of Certiorari and/or Review; Parish of Orleans Criminal District Court Div. "I" Number 345-965; to the Court of Appeal, Fourth Circuit, Number 94KA-0125
Granted with order. See per curiam.
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DENNIS, J. not on panel.
Granted. The defendant's multiple offender adjudication and sentence are reinstated. To the extent that the documentary evidence introduced by the state in support of its multiple bill did not show that the predicate offense was for a misdemeanor and tended to establish circumstantially that it was in fact a felony, cf., State v. Tatten, 598 So.2d 1274 (La.App. 4th Cir. 1992), the defendant remains bound by his failure to raise his present complaint at the time he was adjudicated a multiple offender. State v. Martin, 427 So.2d 1187 (La. 1983); State ex rel. Ross v. Blackburn, 403 So.2d 719 (La. 1982); La. Code Crim. Proc. art. 841; cf. La.Rev.Stat. 15:529.1 (D)(1)(b). The defendant must return to the district court in which he was convicted to press any collateral attack on the validity of that prior judgment, and the defendant will have the burden of proof in that attack. La. Code Crim.Proc. art. 924 et seq.
Application granted in part.
The only portions of Lavalais' confession which are admissible as statements against interest are those statements which are self-inculpatory. All other statements in the confession are inadmissible hearsay, whether inculpatory of other persons or non-inculpatory (unless admissible on some other basis).
Otherwise, the application is denied.
VICTORY, J., not on panel.