From Casetext: Smarter Legal Research

State v. Mayer

Supreme Court of Louisiana
Mar 31, 2000
760 So. 2d 309 (La. 2000)

Summary

In Mayer the supreme court appeared to depart from the idea that a second sentence was "null and void" if the trial court failed to vacate the original sentence.

Summary of this case from State v. Demouchet

Opinion

No. 1999-K-3124.

March 31, 2000.

IN RE: Mayer, Sterling Jr.; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. N, Nos. 9605561; to the Court of Appeal, Fifth Circuit, No. 98-KA-1311.


Granted in part. Denied in part. See per curiam.

CDK

PFC

WFM

BJJ

JPV

CDT

JTK

LEMMON, J., not on panel.

On Writ of Certiorari to the Fifth Circuit Court of Appeal


Granted in part; denied in part. The order of the court of appeal vacating the defendant's multiple offender sentence and remanding for resentencing is vacated, and the defendant's multiple offender sentence as imposed by the trial court is reinstated. To the extent that the October 30, 1998 commitment/minute entry reflects that the trial judge vacated the defendant's original sentence and thereby eliminated any possible confusion as to the terms of the defendant's confinement, the failure of the transcript of the multiple offender hearing to show that the court did so before sentencing the defendant as a multiple offender did not affect the substantial rights of the defendant. La.C.Cr.P. art. 921; see State ex rel. Haisch v. State, 575 So.2d 816 (La. 1991) ("The trial court is ordered to vacate the twenty-one year sentence it first imposed coincidentally with its imposition of the enhanced sentence. See La.R.S. 15:529.1 (D)."). In all other respects the application is denied.


Summaries of

State v. Mayer

Supreme Court of Louisiana
Mar 31, 2000
760 So. 2d 309 (La. 2000)

In Mayer the supreme court appeared to depart from the idea that a second sentence was "null and void" if the trial court failed to vacate the original sentence.

Summary of this case from State v. Demouchet

In Mayer the supreme court appeared to depart from the idea that a second sentence was "null and void" if the trial court failed to vacate the original sentence.

Summary of this case from State v. Cooley

In State v. Mayer, 99-3124 (La. 3/31/00), 760 So.2d 309, however, the supreme court found that vacation of the habitual offender sentence was not necessary where the transcript failed to reflect the trial court vacated the previously imposed sentence before imposing the habitual offender sentence.

Summary of this case from State v. Pitre

In Mayer, the minute entry and commitment form reflected that the trial court vacated the original sentence, but the transcript did not so reflect.

Summary of this case from State v. Norwood
Case details for

State v. Mayer

Case Details

Full title:STATE OF LOUISIANA v. STEELING MAYER, JR

Court:Supreme Court of Louisiana

Date published: Mar 31, 2000

Citations

760 So. 2d 309 (La. 2000)

Citing Cases

State v. Davis

Haisch v. State , 575 So.2d 816 (La. 1991). State v. Mayer , 99-3124 (La. 3/31/00), 760 So.2d 309 (per…

State v. Young

LSA-R.S. 15:529.1 D(3) requires that the trial judge vacate the defendant's original sentence when imposing a…