STATE v. BURKETTE (2021)

Supreme Court of Louisiana.

STATE of Louisiana v. Clarence Billy BURKETTE

No. 2020-KK-01328

Decided: February 17, 2021

Writ application granted. See 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.

CONVICTION REVERSED; SENTENCE VACATED.

PER CURIAM

Crichton, J., dissents. Crain, J., dissents. McCallum, J., dissents.

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