Opinion
No. 2017–K–1984
06-15-2018
STATE of Louisiana v. Martin G. LEMOINE
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF POINTE COUPEE
Writ denied.
CRICHTON, J., would grant and assigns reasons.
GENOVESE, J., would grant.
CRICHTON, J., would grant and assign reasons:
While it appears defendant committed the crime of theft, as I noted previously in my dissent to State v. Lemoine , 15-1120 (La. 5/3/17), 222 So.3d 688, even the precise amount of that theft cannot be ascertained beyond a reasonable doubt based upon the evidence presented by the State. Therefore, I would grant the defendant's application and enter an order of acquittal.