§64.3. Armed robbery; attempted armed robbery; use of firearm; additional penalty
A. When the dangerous weapon used in the commission of the crime of armed robbery is a firearm, the offender shall be imprisoned at hard labor for an additional period of five years without benefit of parole, probation, or suspension of sentence. The additional penalty imposed pursuant to this Subsection shall be served consecutively to the sentence imposed under the provisions of R.S. 14:64.
B. When the dangerous weapon used in the commission of the crime of attempted armed robbery is a firearm, the offender shall be imprisoned at hard labor for an additional period of five years without benefit of parole, probation, or suspension of sentence. The additional penalty imposed pursuant to this Subsection shall be served consecutively to the sentence imposed under the provisions of R.S. 14:27 and 64.
Acts 1999, No. 932, §1, eff. July 9, 1999; Acts 2003, No. 679, §1; Acts 2006, No. 208, §1.
Notes of Decisions
Cited in
281
cases (
37 in the last 5 years), 2000–2026 · leading case:
State v. King, 969 So. 2d 1228 (La. 2007).
State v. King, 969 So. 2d 1228 (La. 2007).
· cites it 20× “Writ was granted in this matter to resolve a split in the circuits as to whether the five-year sentence enhancement provision of LSA-R.S. 14:64.3 [1] should be imposed upon a defendant convicted of armed robbery with a firearm pursuant to LSA-R.”
State v. Fuller, 980 So. 2d 45 (La. Ct. App. 2008).
· cites it 25× “R.S. 14:64.3, after finding the robbery was committed with a gun.”
State v. Willis, 56 So. 3d 362 (La. Ct. App. 2010).
· cites it 33× “R.S. 14:64.3, to run consecutively to the concurrent terms.”
State v. Johnson, 9 So. 3d 1084 (La. Ct. App. 2009).
· cites it 16× “R.S. 14:64.3. [1] On April 13, 2007, a hearing on the motions to suppress the evidence, the statement, and identification was conducted.”
State v. Daniels, 873 So. 2d 822 (La. Ct. App. 2004).
· cites it 29× “R.S. 14:64.3, was filed on February 18, 2003.”
State v. McGinnis, 981 So. 2d 881 (La. Ct. App. 2008).
· cites it 12× “R.S. 14:64.3. At the habitual offender proceeding, the trial court sentenced the Defendant in pertinent part: "And I do find you guilty of being a second felony offender, and I sentence you to fifty years at hard labor.”
State v. Long, 106 So. 3d 1136 (La. Ct. App. 2012).
· cites it 5× “3d 367 , this Court affirmed defendant’s conviction for armed robbery, but vacated his multiple offender sentence of 99 years, finding that it was indeterminate because the trial court failed to impose the mandatory five-year firearm enhancement sentence required by LSA-R.S.…”
State v. White, 968 So. 2d 901 (La. Ct. App. 2007).
· cites it 11× “R.S. 14:64.3, which adds a five year-sentence without benefits to be served consecutive to the sentence imposed for armed robbery when the dangerous weapon used was a firearm.”
State v. Walker, 789 So. 2d 86 (La. Ct. App. 2001).
· cites it 15× “Subsequently, the state filed written notice of its intention to apply the provisions of LSA-R.S. 14:64.3 in this case. The trial court granted defendant's motion to sever, and defendant was tried separately by a jury of twelve.”
State v. Amos, 192 So. 3d 822 (La. Ct. App. 2016).
· cites it 6× “” The tidal court sentenced the defendant to fifty years at hard labor without benefit of probation, parole, or suspension of sentence for the one count of armed robbery with a firearm; and fifteen years without benefits for the two counts of attempted armed robbery with a…”
State v. Briley, 151 So. 3d 633 (La. Ct. App. 2014).
· cites it 11× “R.S. 14:64.3 and La. R.S. 15:529.1. STATEMENT OF THE CASE On January 11, 2013, Yutico Briley (“defendant”), was charged by bill of information with count one, armed robbery with a firearm, a violation of La.”
State v. Berroa-Reyes, 109 So. 3d 487 (La. Ct. App. 2013).
· cites it 6× “R.S. 14:64.3. Louisiana Revised Statute 14:64.”
La. Rev. Stat. § 14:64.3(A): 66 cases
State v. Amos, 192 So. 3d 822 (La. Ct. App. 2016).
“” The tidal court sentenced the defendant to fifty years at hard labor without benefit of probation, parole, or suspension of sentence for the one count of armed robbery with a firearm; and fifteen years without benefits for the two counts of attempted armed robbery with a…”
State v. Johnson, 9 So. 3d 1084 (La. Ct. App. 2009).
“R.S. 14:64.3. [1] On April 13, 2007, a hearing on the motions to suppress the evidence, the statement, and identification was conducted.”
La. Rev. Stat. § 14:64.3(B): 8 cases
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