Opinion
No. 30935-KH.
February 26, 1998.
APPEAL FROM FOURTH JUDICIAL DISTRICT COURT, PARISH OF OUACHITA, NO. 47,192, STATE OF LOUISIANA, HONORABLE JOHN RAY JOYCE, J.
Terrance Keith Hunt, in proper person.
Richard Ieyoub, Attorney General, Jerry L. Jones, District Attorney, for Appellee.
Before MARVIN, C.J., and BROWN and WILLIAMS, JJ.
WRIT DENIED.
An habitual offender adjudication consists of a "finding" ancillary to the imposition of sentence, not a "conviction." See, e.g., State v. Dorthey, 623 So.2d 1276, 1279 (La. 1993); State v. Mayweather, 28,271 (La.App. 2d Cir. 06/26/96), 677 So.2d 594. Accordingly, we are convinced that a trial court retains authority to adjudicate and sentence a defendant as an habitual offender after an order of appeal has been entered. La.C.Cr.P. art. 916(8); State v. Fields, 96-0336 (La.App. 1st Cir. 03/27/97), 691 So.2d 747, 750-751, writ denied, 97-1081 (La. 10/13/97), 703 So.2d 610; State v. Hopkins, 94-1530 (La.App. 3d Cir. 07/05/95), 663 So.2d 54; State v. Williams, 522 So.2d 1171 (La.App. 4th Cir. 1988).