My History

STATE of Louisiana v. Steve BRUNO Nos. 49298, 49299 Supreme Court of Louisiana 253 La. 669; 219 So. 2d 490; 1969 La. LEXIS 3149 February 24, 1969 eccentric SUMMARY PROCEDURAL POSTURE: suspect sought review of a judgment from the trial speak to (Louisiana), which revoked the fault of the two co-occurrent 10 year sentences imposed upon him when he pled guilty to two charges of being a narcotic addict. The suspension of the sentences was revoked for violation of the conditions of probation. OVERVIEW: Defendant claimed that La. Rev. Stat. Ann. §§ 40:961, 40:962 upon which he was prosecuted and convicted were unconstitutional. Defendant contended that La. Rev. Stat. Ann. §§ 40:961, 40:962 proscribed the status of being a drug addict. The court dismissed defendant's appeal, finding that La. Rev. Stat. Ann. §§ 40:961, 40:962 did not penalize the status or condition of dependence merely rather the habitual use of narcotics leading to such a status. The court found that the intentional use of such drugs, or their use with guilty knowledge, was a necessary element of the execration of becoming an addict, which had to be proved by the State just now as criminal intent was required to be shown in most other prosecutions.



Thus, the court determined that La. Rev. Stat. Ann. §§ 40:962, 40:961 could have no application in the prosecution of a person for the mere status or condition of addiction that might possibly arise unintentionally or involuntarily. solvent: The court dismissed defendant's appeal of the judgment that revoked the suspension of two concurrent 10-year sentences for violating the conditions of his probation.

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