State of Louisiana v. Wayne Kevin Jones

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

11-400 c/w 11-399

STATE OF LOUISIANA VERSUS WAYNE K. JONES, JR.

************

APPEAL FROM THE

FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 20609-10

HONORABLE DAVID ALEXANDER RITCHIE, DISTRICT JUDGE

************ J. DAVID PAINTER JUDGE ************

Court composed of Ulysses Gene Thibodeaux, Chief Judge, Billy Howard Ezell, and J. David Painter, Judges.

AFFIRMED; HABITUAL OFFENDER SENTENCE VACATED; AND

REMANDED WITH INSTRUCTIONS

Peggy J. Sullivan P.O. Box 2806 Monroe, LA 71207-2806 COUNSEL FOR DEFENDANT/APPELLANT:

Wayne K. Jones, Jr. John F. Derosier, District Attorney David Palay, Assistant District Attorney Carla S. Sigler, Assistant District Attorney 1020 Ryan St. Lake Charles, LA 70601 COUNSEL FOR APPELLEE:

State of Louisiana PAINTER, Judge.

For the reasons set forth in the companion case hereto, State v. Jones, 11- 399 (La.App. 3 Cir. __/__/11), ___ So.3d___, Defendant’s convictions are affirmed. However, because Defendant’s habitual offender sentence is indeterminate, the habitual offender sentence is vacated and remanded to the trial court for resentencing. The trial court is directed to clarify which count or counts it is enhancing and to impose separate sentences for each conviction.

Additionally, the trial court is directed to advise the Defendant of the prescriptive period for filing post-conviction relief as required by La.Code Crim.P. art. 930.8.

AFFIRMED; HABITUAL OFFENDER SENTENCE VACATED; AND REMANDED WITH INSTRUCTIONS.