State v. Bates

Supreme Court of Louisiana

State v. Bates

462 So. 2d 158, 1985 La. LEXIS 7830

CourtSupreme Court of Louisiana

DecidedJanuary 14, 1985

DocketNo. 84-KA-0406

StatusPublished

Cited by2 cases

This text of 462 So. 2d 158 (State v. Bates) 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 v. Bates, 462 So. 2d 158, 1985 La. LEXIS 7830 (La. 1985).

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Opinion

PER CURIAM.

Defendant’s conviction for possession of pentazocine in violation of La.R.S. 40:969 is affirmed. His sentence of 20 years at hard labor, imposed after the trial court adjudicated him a third offender, La.R.S. 15:529.-1, is, however, vacated and this case is remanded for resentencing. At the time of the offense in 1980, pentazocine occupied Schedule IV in La.R.S. 40:964, as amended by Acts 1979, No. 659, and carried a maximum penalty of 5 years at hard labor for a first offender, or 10 years at hard labor for a second or third offender sentenced under La.R.S. 15:529.1. Defendant’s multiple offender sentence is therefore illegal and subject to correction at any time. La.C. Cr.P. art. 882; State v. Thomas, 447 So.2d 1053 (La.1984); State v. Wiggins, 432 So.2d 234 (La.1983).

[159]*159CONVICTION AFFIRMED; SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.

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PER CURIAM.

Defendant’s conviction for possession of pentazocine in violation of La.R.S. 40:969 is affirmed. His sentence of 20 years at hard labor, imposed after the trial court adjudicated him a third offender, La.R.S. 15:529.-1, is, however, vacated and this case is remanded for resentencing. At the time of the offense in 1980, pentazocine occupied Schedule IV in La.R.S. 40:964, as amended by Acts 1979, No. 659, and carried a maximum penalty of 5 years at hard labor for a first offender, or 10 years at hard labor for a second or third offender sentenced under La.R.S. 15:529.1. Defendant’s multiple offender sentence is therefore illegal and subject to correction at any time. La.C. Cr.P. art. 882; State v. Thomas, 447 So.2d 1053 (La.1984); State v. Wiggins, 432 So.2d 234 (La.1983).

[159]*159CONVICTION AFFIRMED; SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.

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Bluebook (online)

462 So. 2d 158, 1985 La. LEXIS 7830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bates-la-1985.

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