Opinion
NO. 2016 KW 0871
09-06-2016
STATE OF LOUISIANA v. MARLON J. WELLS
In Re: Marlon J. Wells, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 513343. BEFORE: PETTIGREW, McDONALD, AND DRAKE, JJ.
WRIT DENIED IN PART AND GRANTED IN PART WITH ORDER. The Habitual Offender Law mandates that a sentencing court vacate any sentence already imposed before imposing a habitual offender sentence. See La. R.S. 15:529.1(D)(3). The August 14, 2014 transcript reflects that the sentence previously imposed on count one was vacated by the district court. Although it is apparent from the court's actions that it intended to also vacate the original sentence on count two, the transcript does not reflect that the court vacated the original sentence before imposing the habitual offender sentence. Correction of the district court's failure to vacate the original sentence on count two does not involve the exercise of sentencing discretion and will eliminate any possibility of confusion as to the terms of the confinement. Accordingly, we vacate the original three-year sentence imposed on count two on May 20, 2013, to conform to the requirements of La. R.S. 15:529.1(D)(3). It is not necessary to vacate the habitual offender sentence imposed on August 14, 2014, or to remand for resentencing. See La. Code Crim. P. art. 882; State v. Jackson, 2000-0717 (La. App. 1st Cir. 2/16/01), 814 So.2d 6, 8-11 (en banc), writ denied, 2001-0673 (La. 3/15/02), 811 So.2d 895. However, this matter is remanded for the district court to amend the minute entry and commitment order to reflect that the original sentence on count two has been vacated. In all other respects, the writ is denied. See La. R.S. 15:574.4(A)(1)(a).
JMM
EGD
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT