Summary
In State ex rel. Tuesno v. Maggio, 441 So.2d 1226 (1983), the Louisiana Supreme Court, relying on State v. Sharper, 383 So.2d 1248 (La. 1980) held the trial court to be without jurisdiction to impose an enhanced sentence since an order of appeal had been entered prior to the imposition of that enhanced sentence.
Summary of this case from State v. WaldronOpinion
No. 83-KH-0423.
November 28, 1983.
In re Ruffes J. Tuesno, applying for writs of certiorari, prohibition, mandamus and habeas corpus. Parish of Orleans. No. 280-513.
Granted. The trial court was without jurisdiction to impose an enhanced sentence as an order of appeal had been entered prior to imposition of the enhanced sentence. See La.C.Cr.P. art. 916; State v. Sharper, 383 So.2d 1248 (La. 1980). Accordingly, the enhanced sentence is set aside and the original sentence of 15 years is reinstated. In the event defendant is resentenced as a multiple offender, his right to appeal his enhanced sentence is reserved to him.