State ex rel. Treadaway v. State

Supreme Court of Louisiana

State ex rel. Treadaway v. State

930 So. 2d 4, 2006 La. LEXIS 1753, 2006 WL 1663017

CourtSupreme Court of Louisiana

DecidedMay 26, 2006

DocketNo. 2005-KH-1954

StatusPublished

This text of 930 So. 2d 4 (State ex rel. Treadaway 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.

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State ex rel. Treadaway v. State, 930 So. 2d 4, 2006 La. LEXIS 1753, 2006 WL 1663017 (La. 2006).

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Opinion

In re Treadaway, Eric; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 96-5435; to the Court of Appeal, Fifth Circuit, No. 2005-KH-0616.

Writ granted in part; otherwise denied. Because relator’s 1995 conviction in the 34th Judicial District for felony theft in violation of La.R.S. 14:67 has been overturned, relator’s present adjudication and [5]*5sentence as an habitual offender in part on the basis of that prior conviction has become illegal. State v. Martin, 427 So.2d 1182, 1186 (La.1983); cf. La.C.Cr.P. art. 882. Relator’s current habitual offender adjudication and sentence are therefore vacated and his case is remanded to the district court for resentencing. In all other respects the application is denied.

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In re Treadaway, Eric; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 96-5435; to the Court of Appeal, Fifth Circuit, No. 2005-KH-0616.

Writ granted in part; otherwise denied. Because relator’s 1995 conviction in the 34th Judicial District for felony theft in violation of La.R.S. 14:67 has been overturned, relator’s present adjudication and [5]*5sentence as an habitual offender in part on the basis of that prior conviction has become illegal. State v. Martin, 427 So.2d 1182, 1186 (La.1983); cf. La.C.Cr.P. art. 882. Relator’s current habitual offender adjudication and sentence are therefore vacated and his case is remanded to the district court for resentencing. In all other respects the application is denied.

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930 So. 2d 4, 2006 La. LEXIS 1753, 2006 WL 1663017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-treadaway-v-state-la-2006.

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