Opinion
No. 2020-KK-1328
02-17-2021
STATE OF LOUISIANA v. CLARENCE BILLY BURKETTE
IN RE: Clarence Billy Burkette - Applicant Defendant; Applying For Supervisory Writ, Parish of East Feliciana, 20th Judicial District Court Number(s) 18-CR-720, 1st Circuit Court of Appeal, Number(s) 2020-KW-0734; Writ application granted. See per curiam.
JDH
JLW
JTG
PDG
Crichton, J., dissents.
Crain, J., dissents.
McCallum, J., dissents. Supreme Court of Louisiana
February 17, 2021 /s/_________
Clerk of Court
For the Court ON SUPERVISORY WRIT TO THE 20th JUDICIAL DISTRICT COURT FOR THE PARISH OF EAST FELICIANA
PER CURIAM
Writ granted. Relator was charged with a violation of LSA-R.S. 14:112, which requires the intent to obtain a "special privilege or advantage." We find the evidence insufficient to show that, in assisting his daughter in obtaining a driver's license, relator had the intent to obtain a "special advantage." We therefore reverse and vacate relator's conviction and sentence.