Opinion
No. 96-KK-1647
October 4, 1996
IN RE: State of Louisiana; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Supervisory and/or Remedial Writ; Parish of Orleans Criminal District Court Div. "J" Number 379-041; to the Court of Appeal, Fourth Circuit, Number 95KW-2732
Granted. It appears from the state's application that both the state and the lower courts did not apply La.R.S. 15:529.1 A(1) (b) (ii) as amended in 1995. Accordingly, the judgment of the court of appeal affirming the trial court's sentence is vacated and set aside, and the case remanded to the trial judge for resentencing in light of La.R.S. 15:529.1 A(1) (b) (ii), as amended.
CDK
PFC
WFM
JCW
JPV
EJB
LEMMON, J. not on panel.
JOHNSON, J. dissents. The trial court gave sufficient reasons for departure from the minimum sentence guidelines.