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Louisiana Code of Criminal Procedure Tit. XXX, Art. 893.2. Discharge, use, or possession of firearm in commission of a felony or a specifically enumerated misdemeanor; submission to jury

Current as of January 01, 2023 | Updated by Findlaw Staff

A. (1) If a motion was filed by the state in compliance with Article 893.1, a determination shall be made as to all of the following:

(a) Whether a firearm was discharged, or used during the commission of the felony or specifically enumerated misdemeanor, or actually possessed during the commission of any of the following:

(i) A felony which is a crime of violence as defined by R.S. 14:2(B).

(ii) Felony theft.

(iii) Simple burglary.

(iv) Simple burglary of an inhabited dwelling.

(v) Unauthorized entry of an inhabited dwelling.

(vi) Production, manufacturing, distribution, dispensing, or possession with intent to produce, manufacture, distribute, or dispense a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law.

(vii) A specifically enumerated misdemeanor.

(b) Whether the mandatory minimum sentencing provisions of Article 893.3 have been shown to be applicable.

(2) Such determination is a specific finding of fact to be submitted to the jury and proven by the state beyond a reasonable doubt.

B. If a motion was filed by the state in compliance with Article 893.1 and the case is resolved pursuant to a plea agreement, the district attorney and the defendant may stipulate that the provisions of Article 893.3 are applicable. Any such stipulation shall identify for the court all of the following:

(1) The specific provision of Article 893.3 that applies.

(2) The specific underlying felony or specifically enumerated misdemeanor within Article 893.3 that applies.

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Cite this article: FindLaw.com - Louisiana Code of Criminal Procedure Tit. XXX, Art. 893.2. Discharge, use, or possession of firearm in commission of a felony or a specifically enumerated misdemeanor; submission to jury - last updated January 01, 2023 | https://codes.findlaw.com/la/code-of-criminal-procedure/la-code-crim-proc-tit-xxx-art-893-2/

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