Opinion
No. 96-KH-0367
May 16, 1997
IN RE: Berry, Jimmie Ray: — Plaintiff(s): Applying for Supervisory and/or Remedial Writs: Parish of Bossier 26th Judicial District Court Div. "D" Number 28,527; to the Court of Appeal, Second Circuit, Number 28527-KW
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).
CDK
WFM
HTL
BJJ
CALOGERO, C.J. not on panel.
VICTORY, J. would grant and docket to reconsider Porter v. Butler.
TRAYLOR, J. would grant and docket to reconsider Porter v. Butler.
KNOLL, J. would grant and docket to reconsider Porter v. Butler.