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

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.

Reference

Cited By
4 cases
Status
Published