Home/Supreme Court of Louisiana/State Ex Rel. Tuesno v. Maggio

State Ex Rel. Tuesno v. Maggio

441 So. 2d 1226
CourtSupreme Court of Louisiana
DecidedNovember 28, 1983
Docket83-KH-0423
StatusPublished
Cited by17 cases

This text of 441 So. 2d 1226 (State Ex Rel. Tuesno v. Maggio) 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. Tuesno v. Maggio, 441 So. 2d 1226 (La. 1983).

Opinion

441 So.2d 1226 (1983)

STATE of Louisiana, ex rel., Ruffes J. TUESNO
v.
Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary.

No. 83-KH-0423.

Supreme Court of Louisiana.

November 28, 1983.

Granted. The trial court was without jurisdiction to impose an enhanced sentence as an order of appeal had been entered prior to imposition of the enhanced sentence. See La.C.Cr.P. art. 916; State v. Sharper, 383 So.2d 1248 (La.1980). Accordingly, the enhanced sentence is set aside and the original sentence of 15 years is reinstated. In the event defendant is resentenced as a multiple offender, his right to appeal his enhanced sentence is reserved to him.

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Bluebook (online)
441 So. 2d 1226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-tuesno-v-maggio-la-1983.