Supreme Court of Louisiana, 1996

State ex rel. Mondy v. State

State ex rel. Mondy v. State
Supreme Court of Louisiana · Decided October 25, 1996 · Calogero, Lemmon
681 So. 2d 361; 1996 La. LEXIS 2959; 1996 WL 622420 (Southern Reporter, Second Series)

State ex rel. Mondy v. State

Opinion of the Court

In re Mondy, Brian; — Plaintiffs); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “I”, No. 315-321; to the Court of Appeal, Fourth Circuit, No. 93KW-1454.

Denied.

Concurring Opinion

CALOGERO, C.J.

concurs. I concur in the denial of this writ, but write separately about the Court of Appeal’s opinion at 532 So.2d 863 (La.App. 4th Cir. 1988). On the first page of the opinion, the court states, “We affirm the defendant’s conviction, vacate his multiple offender sentence, and remand for resentencing in accord with this decision.” The inclusion of that language appears inadvertent; the opinion makes no other mention of relator’s sentence except in its conclusion, in which it affirms both relator’s conviction and sentence.

LEMMON, J., not on panel.

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