Opinion
No. 63374.
January 12, 1979.
In re James Hunter applying for writ of habeas corpus. Parish of Orleans.
Writ denied in part, granted in part; evidentiary hearing ordered.
The trial court initially at sentencing correctly determined that the accused was a triple offender, based on (1) the present conviction, (2), the two 1971 Louisiana convictions, and (3) the 1967 Mississippi convictions. The contention raised in the trial court was that this determination was incorrect, and that the trial court had improperly twice counted the two 1971 Louisiana convictions, contrary to State ex rel. Jackson v. Henderson, 283 So.2d 210 (La. 1973). It did not do so. See proceeding of June 2, 1975, quoted in application.
Although in denying the present application the trial court gave a different (and perhaps incorrect) explanations, there is not merit to the applicants contention. In connection with the other convictions, an concerning one of two prior convictions, an evidentiary hearing is ordered.
SUMMERS, C. J., would deny the application in full.