Opinion
NO. 2015 KW 1809
03-14-2016
STATE OF LOUISIANA v. MICHAEL DORSEY
In Re: Michael Dorsey, applying for rehearing, 22nd Judicial District Court, Parish of St. Tammany, No. 348,109. BEFORE: McDONALD, McCLENDON, AND THERIOT, JJ.
APPLICATION FOR REHEARING GRANTED. While the State's habitual offender bill of information incorrectly listed all four predicate convictions as occurring on November 12, 1999, as reflected in our appellate decision only three predicate convictions occurred on November 12, 1999; the fourth predicate conviction occurred on June 14, 1993. State v. Dorsey, 2004-1358 (La. App. 1st Cir. 3/24/05), 907 So.2d 154, 156-57. Therefore, under La. R.S. 15:529.1(B) and State v. LeBlanc, 2014-0163 (La. 1/9/15), 156 So.3d 1168, 1169 (per curiam), counting the 1993 predicate (number one), the three 1999 convictions as a single predicate (number two), and the instant conviction being enhanced (number three), the State is correct that relator should be resentenced as a third-felony habitual offender. Therefore, we amend our previous writ action in State v. Dorsey, 2015-1809 (La. App. 1st Cir. 2/10/16) (unpublished writ action), that ordered the district court to resentence relator as a second-felony habitual offender. Accordingly, relator's adjudication as a fourth-felony habitual offender is hereby modified to a third-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 third-felony habitual offender.
MRT
JMM
PMc
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT