Summary
In Barnes, the defendant had been sentenced to below the statutory minimum as a multiple offender, and the State filed a writ application with this Court, which was denied on the showing made because the State had not provided the sentencing transcript that might reflect the basis for the sentence.
Summary of this case from State v. HoustonOpinion
No. 2002-KP-2059.
April 4, 2003.
ON APPEAL FROM THE PARISH OF ORLEANS, CRIMINAL DISTRICT COURT, DIV. E, NO. 420-061; TO THE COURT OF APPEAL, FOURTH CIRCUIT, NO. 2002-K-0653.
Writ granted; case remanded to the district court. Under the rule set out in Louisiana jurisprudence, the changes mandated by 2001 La. Acts 403 do not apply to sentences imposed for crimes committed before the act's effective date. State v. Mayeux, 01-3408, p. 2-3 (La. 6/21/02), 820 So.2d 524, 525-26; State v. Sugasti, 01-3407, p. 6-7 (La. 6/21/02), 820 So.2d 518, 521-22. Operation of this rule extends to habitual offender sentences imposed pursuant to R.S. 15:529.1. State v. Harris, 02-0873, p. 2-5 (La.App. 5th Cir. 1/28/03), 839 So.2d 291, 294; State v. Wilson, 02-0776, p. 10-11 (La.App. 4th Cir. 1/22/03), 839 So.2d 206, 213; State v. Wade, 36,295, p. 11-13 (La.App. 2nd Cir. 10/23/02), 832 So.2d 977, 986; State v. Bagneris, 02-0773, p. 4-5 (La.App. 4th Cir. 10/16/02),
830 So.2d 1047, 1050; State v. Melancon, 01-1656, p. 9 (La.App. 4th Cir. 8/21/02), 826 So.2d 633, 640; State v. Houston, 02-0255, p. 4 (La.App. 4th Cir. 4/24/02), 818 So.2d 253, 255-56; State v. Flagg, 01-0965 (La.App. 5th Cir. 3/26/02), 815 So.2d 208, 210-11. The case is accordingly remanded to the district court for imposition of sentence in accord with the sentencing statutes in force at the time of the offense.
KIMBALL, JOHNSON and KNOLL, JJ., would deny the writ.