State ex rel. Berry v. State

Supreme Court of Louisiana May 16, 1997

State ex rel. Berry v. State, 693 So. 2d 787 (La. 1997)

1997 La. LEXIS 1566

Butler, Calogero, Docket, Grant, Knoll, Rel, State, Traylor, Victory

Opinion of the Court

In re Berry, Jimmie Ray; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of Bossier, 26th Judicial District Court, Div. “D”, No. 28, 627; to the Court of Appeal, Second Circuit, No. 28527-KW.

Writ granted; case remanded for resen-tencing. 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

Full Case Name: STATE ex rel. Jimmie Ray BERRY v. STATE of Louisiana
Status: Published