From Casetext: Smarter Legal Research

State v. Uqdah

Court of Appeal of Louisiana, Fifth Circuit
Feb 10, 1993
613 So. 2d 1113 (La. Ct. App. 1993)

Summary

In State v. Uqdah, 613 So.2d 1113 (La. App. 5th Cir. 1993), this Court held that a multiple offender adjudication that was not initiated by a formal multiple offender bill was void.

Summary of this case from State v. Priest

Opinion

No. 92-KA-794.

February 10, 1993.

APPEAL FROM TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, HONORABLE CHARLES V. CUSIMANO, II, J.

John M. Mamoulides, Dist. Atty., Dorothy Pendergast, William C. Credo, III and Leigh Anne Wall, Asst. Dist. Attys., 24th Judicial Dist., parish of Jefferson, Gretna, for plaintiff-appellee.

Bruce G. Whittaker, Staff Appellate Counsel, 24th Judicial Dist. Indigent Defender Bd., Gretna, for defendant-appellant.

Before KLIEBERT, C.J., and GAUDIN and DUFRESNE, JJ.


Defendant, Frank Uqdah, was charged by bill of information with simple robbery, a violation of LSA-R.S. 14:65. By unanimous verdict, a six person jury found him guilty as charged. Defendant was sentenced under the habitual offender law to eight and one-half years at hard labor. On appeal, he contends the sentence imposed is excessive and requests that we review the record for errors patent. For the following reasons, we vacate defendant's sentence and remand for resentencing.

The maximum sentence which may be imposed under LSA-R.S. 14:65 is seven years or a fine of not more than $3,000.00, or both. However, pursuant to LSA-R.S. 15:529.1 (A)(1), if defendant is found to be a habitual offender, the available sentencing range is enhanced from at least three and one-half years up to a maximum of fourteen years imprisonment. However, our review of the record in this matter reveals an error patent which mandates our vacating defendant's sentence and remanding for resentencing.

The record does not contain a bill of information charging the defendant as a multiple offender. A habitual offender bill of information does not charge a new crime but is only a method of increasing the punishment of second and subsequent felony offenses. State v. Walker, 416 So.2d 534, 536 (La. 1982). In order to sentence defendant as a multiple offender under the Habitual Offender Law, it is essential that former convictions be formally charged. State v. Hingle, 139 So.2d 205 (La. 1962); State v. Donahue, 572 So.2d 255 (1st Cir. 1990). Since there is no multiple offender bill of information, the prior conviction cannot be used to enhance the sentence for the present conviction. Because the sentence imposed of eight and one-half years is greater than the maximum sentence allowable for a first time offender, we must vacate his sentence and remand to the trial court for resentencing.

Accordingly, for the reasons assigned, defendant's sentence is vacated and the matter remanded to the trial court for resentencing.

SENTENCE VACATED AND REMANDED.


Summaries of

State v. Uqdah

Court of Appeal of Louisiana, Fifth Circuit
Feb 10, 1993
613 So. 2d 1113 (La. Ct. App. 1993)

In State v. Uqdah, 613 So.2d 1113 (La. App. 5th Cir. 1993), this Court held that a multiple offender adjudication that was not initiated by a formal multiple offender bill was void.

Summary of this case from State v. Priest

In State v. Uqdah, 613 So.2d 1113 (La.App. 5 Cir. 1993), the court found the record did not contain a bill of information charging the defendant as a multiple offender.

Summary of this case from State v. Reed

In State v. Uqdah, 613 So.2d 1113 (La.App. 5 Cir. 1993), the Fifth Circuit considered a case wherein the multiple bill was missing from the record, and the court held that the prior conviction could not be used to enhance the defendant's sentence.

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

State v. Uqdah

Case Details

Full title:STATE OF LOUISIANA v. FRANK UQDAH

Court:Court of Appeal of Louisiana, Fifth Circuit

Date published: Feb 10, 1993

Citations

613 So. 2d 1113 (La. Ct. App. 1993)

Citing Cases

State v. Vincent

In State v. Burks, 02-1939, p. 2 (La.App. 4 Cir. 3/19/03), 843 So.2d 444, 446, this court upheld a sentence…

State v. Reed

The bill of information filed by the district attorney in regard to the possession of marijuana, third…