State v. Cannon

Full title: STATE OF LOUISIANA v. JAMES D. CANNON, JR

Court: Supreme Court of Louisiana

Date published: Jan 25, 1982

409 So. 2d 568 (La. 1982)

Opinion

No. 81-KA-1589.

January 25, 1982.

APPEAL FROM TWENTY-FIRST JUDICIAL DISTRICT COURT, PARISH OF LIVINGSTON, DIVISION "A", STATE OF LOUISIANA, HONORABLE BURRELL J. CARTER, J.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Duncan Kemp, Dist. Atty., James Kuhn, Abbott J. Reeves, Asst. Dist. Attys., for plaintiff-appellee.

Andre LePlace and C. Alvin Tyler, Baton Rouge, for defendant-appellant.

MARVIN, Justice Ad Hoc.[fn*] [fn*] Judges Pike Hall, Jr., Charles A. Marvin, and Jasper E. Jones, of the Court of Appeal, Second Circuit, participated in this decision as associate justices ad hoc, joined by Chief Justice John A. Dixon, Jr., and Associate Justices Walter F. Marcus, Jr., Fred A. Blanche, Jr., and Harry T. Lemmon.

This defendant pleaded guilty to the reckless operation of a motor vehicle and to possession of marijuana and appeals his sentence to two years at hard labor. LRS 14:99, LRS 40:966(D).

The bill of information, after reciting these two counts, contains the abbreviation, "Misd.", which we interpret to mean misdemeanor. The bill does not include the charge that defendant had been previously convicted of the same offense. The prosecution for multiple offender possession of marijuana must include this charge. CCrP 483, State v. Bouzigard, 286 So.2d 633 (La. 1973).

It is ordered that the sentence imposed be set aside as illegal and the case is remanded with instructions to sentence defendant in accord with LRS 40:966(D)(1), CCrP 894.1.