State Ex Rel. Berry v. State
Supreme Court of Louisiana
State Ex Rel. Berry v. State, 693 So. 2d 787 (La. 1997)
1997 WL 267564
Victory
State Ex Rel. Berry v. State
Opinion
STATE ex rel. Jimmie Ray BERRY
v.
STATE of Louisiana.
Supreme Court of Louisiana.
Writ granted; case remanded for resentencing. The district judge erred in imposing two sentences enhanced under R.S. 15:529.1 when the two convictions arose from a single criminal episode and were entered on the same day. See State ex rel. Porter v. Butler, 573 So.2d 1106, 1109 (La. 1991); State v. Sherer, 411 So.2d 1050, 1057 (La. 1982).
VICTORY, TRAYLOR and KNOLL, JJ., would grant and docket to reconsider State ex rel. Porter v. Butler.
CALOGERO, C.J., not on panel.
Reference
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