Supreme Court of Louisiana, 1991

State v. Dixon

Supreme Court of Louisiana · Decided September 6, 1991

584 So. 2d 668; 1991 La. LEXIS 2283; 1991 WL 173533 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Williams (La. Ct. App. 2005)

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

In re Dixon, Henry Alvin; — Defendant(s); applying for writ of certiorari and/or review, writ of prohibition, writ of mandamus, supervisory/remedial writs; to the Court of Appeal, Second Circuit, No. 22,-341-KA; Parish of Caddo, 1st Judicial District Court, Div. “E”, No. 144,687.

Prior report: La.App., 577 So.2d 1232.

*669Granted in part. Ls.Rev.Stat. 15:529.1 requires that the sentencing judge vacate the original sentence and resentence the defendant as a multiple offender. In re-sentencing, the judge must impose a sentence authorized by La.Rev.Stat. 15:529.1. That statute does not authorize the imposition of a fine, but only provides for enhanced sentences relating to the term of imprisonment. The trial judge was therefore without authority to impose a fine on resentencing under La.Rev.Stat. 15:529.1. Accordingly, the fine and default provisions of defendant’s sentence are deleted. The application is otherwise denied.

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