State v. Perron
Supreme Court of Louisiana
State v. Perron, 365 So. 2d 1107 (La. 1978)
1978 La. LEXIS 5650
State v. Perron
Opinion of the Court
The defendant’s conviction is affirmed. The case is remanded for resentencing because application of the habitual offender statute, La.R.S. 15:529.1, was improper. The subject offense, for which the penalty was sought to be enhanced, was committed before defendant was convicted of the penalty-enhancing offense. However, La.R.S. 15:529.1(A) authorizes only the use of prior convictions in a habitual offender bill.
Accordingly, defendant’s sentence is set aside and the case is remanded for resen-tencing in accordance with law.
Reference
- Full Case Name
- STATE of Louisiana v. Lucius PERRON
- Status
- Published