Supreme Court of Louisiana, 1997

State Ex Rel. Berry v. State

State Ex Rel. Berry v. State
Supreme Court of Louisiana · Decided May 16, 1997 · Victory
693 So. 2d 787; 1997 WL 267564 (Southern Reporter, Second Series)

State Ex Rel. Berry v. State

Opinion

693 So.2d 787 (1997)

STATE ex rel. Jimmie Ray BERRY
v.
STATE of Louisiana.

No. 96-KH-0367.

Supreme Court of Louisiana.

May 16, 1997.

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.

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