State v. Bates

Supreme Court of Louisiana
State v. Bates, 462 So. 2d 158 (La. 1985)
1985 La. LEXIS 7830

State v. Bates

Opinion of the Court

PER CURIAM.

Defendant’s conviction for possession of pentazocine in violation of La.R.S. 40:969 is affirmed. His sentence of 20 years at hard labor, imposed after the trial court adjudicated him a third offender, La.R.S. 15:529.-1, is, however, vacated and this case is remanded for resentencing. At the time of the offense in 1980, pentazocine occupied Schedule IV in La.R.S. 40:964, as amended by Acts 1979, No. 659, and carried a maximum penalty of 5 years at hard labor for a first offender, or 10 years at hard labor for a second or third offender sentenced under La.R.S. 15:529.1. Defendant’s multiple offender sentence is therefore illegal and subject to correction at any time. La.C. Cr.P. art. 882; State v. Thomas, 447 So.2d 1053 (La. 1984); State v. Wiggins, 432 So.2d 234 (La. 1983).

*159CONVICTION AFFIRMED; SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.

Reference

Full Case Name
STATE of Louisiana v. Otis BATES
Cited By
2 cases
Status
Published