Opinion
NO. 2015 KW 1809
02-10-2016
STATE OF LOUISIANA v. MICHAEL DORSEY
In Re: Michael Dorsey, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 348,109. BEFORE: McDONALD, McCLENDON AND THERIOT, JJ.
WRIT GRANTED. "Multiple convictions obtained on the same day prior to October 19, 2004, shall be counted as one conviction...." La. R.S. 15:529.1(B). Relator's four convictions obtained on November 12, 1999 should have been counted as one conviction under the Habitual Offender Law. Accordingly, relator's adjudication as a fourth-felony habitual offender is hereby modified to a second-felony habitual offender. Relator's enhanced sentence for attempted molestation of a juvenile when the offender has control or supervision over the juvenile is vacated and this case is remanded to the district court for resentencing as a second-felony habitual offender. See State v. LeBlanc, 2014-0163 (La. 1/9/15), 156 So.3d 1168, 1169 (per curiam).
MRT
JMM
PMc
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT