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State v. Brass

Court of Appeal of Louisiana, Fourth Circuit
Feb 11, 1994
632 So. 2d 819 (La. Ct. App. 1994)

Opinion

No. 93-K-2482.

February 11, 1994.

Wilbert Brass, pro se.

Harry F. Connick, Dist. Atty., New Orleans, for respondent.

Before CIACCIO, WARD and ARMSTRONG, JJ.


Writ Granted

In State v. Lewis, 564 So.2d 765 (La.App. 2d Cir. 1990), the Court concluded that:

"in applying the definition of 'conviction' to the habitual offender statute, LSA-R.S. 15:529.1, the prior conviction must be final before the subsequent offense is committed."

In the present case, the subsequent offense occurred prior to sentencing but after conviction of the predicate offense. The prior conviction was therefore not yet final, and the conviction could not be used as a predicate for finding the defendant to be a multiple offender.

Accordingly, relator's habitual offender adjudication and sentence are vacated and the case is remanded to the district court for resentencing as a first offender. See State v. Gani, 157 La. 231, 102 So. 318 (1924); State v. Lewis, supra. The district court is further ordered to furnish this Court with proof of compliance within sixty days of this order.


Summaries of

State v. Brass

Court of Appeal of Louisiana, Fourth Circuit
Feb 11, 1994
632 So. 2d 819 (La. Ct. App. 1994)
Case details for

State v. Brass

Case Details

Full title:STATE OF LOUISIANA v. WILBERT BRASS

Court:Court of Appeal of Louisiana, Fourth Circuit

Date published: Feb 11, 1994

Citations

632 So. 2d 819 (La. Ct. App. 1994)

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