State of Louisiana v. Oscar Balentine (La.2d Cir. KA-12-47858)
Jul 03, 2012OUTCOME: Conviction reversed on appeal based on double jeopardy.
Mr. Balentine and some co-defendants had started cooking a batch of Methamphetamine in Bossier parish, needed some ingredients, so they went to Webster Parish and finished cooking. Then they were arres ... ted. Mr. Balentine pled guilty in Webster Parish to 5 years hard labor. When he was about to be paroled, Bossier Parish put a hold on him and charged him with manufacturing. We filed a motion to quash based on Double Jeopardy, and it was denied. Mr. Balentine then pled guilty while reserving his right to appeal and received a concurrent sentence which got him out of jail quickly. Afterwards, Mr. Balentine appealed and the appellate court reversed the trial court, set aside the conviction and quashed the prosecution. Mr. Balentine remained free.
