Supreme Court of Louisiana, 1985

State v. Bates

Supreme Court of Louisiana · Decided January 14, 1985

462 So. 2d 158; 1985 La. LEXIS 7830 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State v. Durapau (La. Ct. App. 2001)
State v. Jenkins (La. Ct. App. 1990)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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