Supreme Court of Louisiana, 1986

State v. Collins

State v. Collins
Supreme Court of Louisiana · Decided January 13, 1986
480 So. 2d 735 (Southern Reporter, Second Series)

State v. Collins

Opinion of the Court

In re Collins, Jerry; applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. KA-84-0889; Parish of East Baton Rouge, 19th Judicial District Court, Div. ā€œJā€, No. 12-83-284.

Prior report: La.App., 470 So.2d 549.

Writ granted only as to the single assignment urged. Relator assigns as error the additional two year sentence imposed by the trial judge under R.S. 14:95.2. The assignment is meritorious. Neither that statute, nor any allegation of firearm use appears in the bill of information. Relator may thus not be convicted or sentenced under R.S. 14:95.2. See State v. Jackson, 480 So.2d 263 (La. 1985) No. 84-K-1716. Therefore only the conviction and sentence for violating R.S. 14:95.2 and the corresponding imposition of the two year sentence is reversed and set aside.

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