STATE v. LEMOINE (2018)

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF POINTE COUPEE

Writ denied.

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.

CRICHTON, J., would grant and assigns reasons. GENOVESE, J., would grant.