State v. Brent

Louisiana Court of Appeal

State v. Brent

518 So. 2d 16, 1987 La. App. LEXIS 10849, 1987 WL 2832

CourtLouisiana Court of Appeal

DecidedDecember 15, 1987

DocketNo. KA 7016

StatusPublished

This text of 518 So. 2d 16 (State v. Brent) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Brent, 518 So. 2d 16, 1987 La. App. LEXIS 10849, 1987 WL 2832 (La. Ct. App. 1987).

Pincite

Opinion

ARMSTRONG, Judge.

The defendant, Glenn Brent, was charged with and convicted of a violation of LSA-R.S. 14:64, relative to the offense of armed robbery. Pursuant to a multiple bill filed by the State, he was sentenced as a triple offender to serve 198 years in the custody of the Department of Corrections without the benefit of probation, parole or suspension of sentence.

On appeal defendant makes one assignment of error.

By that assignment of error defendant contends that the trial court erred in adjudicating him a third offender. He argues that the State did not adequately show that he was informed of his right to a trial by jury when pleading guilty to one of the predicate offenses prosecuted in case numbered 266-230. In its brief the State concedes that the defendant was not properly Boykinyzed. No further discussion is warranted. The defendant did not challenge the other predicate offense.

A review of the record reflects that there are no errors patent.

Accordingly, defendant’s conviction is affirmed. The sentence is vacated, and the case is remanded to the trial court for resentencing consistent with this opinion.

CONVICTION AFFIRMED SENTENCE VACATED REMANDED.

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