Supreme Court of Louisiana, 1975

State ex rel. Braxton v. Henderson

State ex rel. Braxton v. Henderson
Supreme Court of Louisiana · Decided January 31, 1975 · Barham
307 So. 2d 369; 1975 La. LEXIS 3848 (Southern Reporter, Second Series)

State ex rel. Braxton v. Henderson

Dissenting Opinion

BARHAM, J.,

is of opinion the relator should be resentenced to determine whether trial court imposed a more severe penalty solely upon basis of convictions which were illegal. See United States v. Tucker, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972).

Opinion of the Court

In re: Sherman Braxton applying for Writs of Habeas Corpus, Certiorari and Prohibition.

Writ refused. No error.

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