Supreme Court of Louisiana, 1983

State ex rel. Tuesno v. Maggio

State ex rel. Tuesno v. Maggio
Supreme Court of Louisiana · Decided November 28, 1983
441 So. 2d 1226; 1983 La. LEXIS 12266 (Southern Reporter, Second Series)

State ex rel. Tuesno v. Maggio

Opinion of the Court

In re Ruffes J. Tuesno, applying for writs of certiorari, prohibition, mandamus and habeas corpus. Parish of Orleans. No. 280-513.

Granted. The trial court was without jurisdiction to impose an enhanced sentence as an order of appeal had been entered prior to imposition of the enhanced sentence. See La.C.Cr.P. art. 916; State v. Sharper, 383 So.2d 1248 (La. 1980). Accordingly, the enhanced sentence is set aside and the original sentence of 15 years is reinstated. In the event defendant is re-sentenced as a multiple offender, his right to appeal his enhanced sentence is reserved to him.

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