Opinion
NO. 2018 KW 0453
07-17-2018
STATE OF LOUISIANA v. YONNI MATTHEWS
In Re: State of Louisiana, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 562,790. BEFORE: McDONALD, McCLENDON AND HOLDRIDGE, JJ.
WRIT GRANTED. The district court's ruling granting the defendant's motion to quash is reversed, and this matter is remanded to the district court for further proceedings. The defendant was found to be in contempt of court and sentenced to 120 days for the contumacious failure, after notice, to appear for trial on the day fixed therefor. The defendant subsequently was charged with jumping bail, which is the intentional failure to appear at the date, time, and place as ordered by the court before which the defendant's case is pending. Under Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 182, 76 L.Ed. 306 (1932), there is no double jeopardy, as each of the offenses at issue require proof of a different element.
PMc
JMM
Holdridge, J., dissents. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT