State Ex Rel. Carthan v. State
Cases that cite this one
2 later published cases cite this decision.
- State v. Reed (La. Ct. App. 2011)
- State v. Mead (La. Ct. App. 2015)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
In re Carthan, Ricky; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Beauregard, 36th Judicial District Court Div. B, No. CR196-98; to the Court of Appeal, Third Circuit, No. KH 10-00319.
Denied. Because the statutes in effect at the time he committed the underlying offense authorized a life sentence based on relator’s status as a third or fourth offender, his sentence was not rendered illegal as a result of the vacation of one of the predicate convictions upon which his habitual offender adjudication rested. See La. C.Cr.P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La.1/12/96), 665 So.2d 1172. Cf. La.C.Cr.P. art. 882; State v. Singleton, 09-1269, pp. 1-2, (La.4/23/10), 33 So.3d 889, 889-90 (“To the extent that relator’s habitual offender sentence exceeds the maximum penalty the trial court could have imposed for the underlying offense without enhancement of sentence under La.R.S. 15:529.1, relator’s application is in the nature of a motion to set aside an *300 illegal sentence as a matter of La.C.Cr.P. art. 882, which permits correction of a sentence in excess of what the law provides ‘at any time.’ ”).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.