Supreme Court of Louisiana, 1987

State ex rel. Stewart v. State

State ex rel. Stewart v. State
Supreme Court of Louisiana · Decided March 20, 1987
503 So. 2d 468; 1987 La. LEXIS 8805 (Southern Reporter, Second Series)

State ex rel. Stewart v. State

Opinion of the Court

In re Stewart, Feltus; applying for supervisory writs; Parish of Orleans, Criminal District Court, Div. ā€œDā€, No. 251-454.

Granted. The twenty-year sentence for violation of La.R.S. 40:966 is facially illegal in excess of the maximum sentence for the basic crime, because the minute entry and commitment papers do not show that relator was sentenced as a multiple offender. The sentence is therefore set aside and the case is remanded for resentencing.

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