State ex rel. Stewart v. State

Supreme Court of Louisiana

State ex rel. Stewart v. State

503 So. 2d 468, 1987 La. LEXIS 8805

CourtSupreme Court of Louisiana

DecidedMarch 20, 1987

DocketNo. 87-KH-0459

StatusPublished

This text of 503 So. 2d 468 (State ex rel. Stewart v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Stewart v. State, 503 So. 2d 468, 1987 La. LEXIS 8805 (La. 1987).

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Opinion

In re Stewart, Feltus; applying for supervisory writs; Parish of Orleans, Criminal District Court, Div. “D”, No. 251-454.

Granted. The twenty-year sentence for violation of La.R.S. 40:966 is facially illegal in excess of the maximum sentence for the basic crime, because the minute entry and commitment papers do not show that relator was sentenced as a multiple offender. The sentence is therefore set aside and the case is remanded for resentencing.

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In re Stewart, Feltus; applying for supervisory writs; Parish of Orleans, Criminal District Court, Div. “D”, No. 251-454.

Granted. The twenty-year sentence for violation of La.R.S. 40:966 is facially illegal in excess of the maximum sentence for the basic crime, because the minute entry and commitment papers do not show that relator was sentenced as a multiple offender. The sentence is therefore set aside and the case is remanded for resentencing.

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Bluebook (online)

503 So. 2d 468, 1987 La. LEXIS 8805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-stewart-v-state-la-1987.