State v. Perron

Court: Supreme Court of Louisiana
Date filed: 1978-12-22
Citations: 365 So. 2d 1107
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Lead Opinion
PER CURIAM.

The defendant’s conviction is affirmed. The case is remanded for resentencing because application of the habitual offender statute, La.R.S. 15:529.1, was improper. The subject offense, for which the penalty was sought to be enhanced, was committed before defendant was convicted of the penalty-enhancing offense. However, La.R.S. 15:529.1(A) authorizes only the use of prior convictions in a habitual offender bill.

Accordingly, defendant’s sentence is set aside and the case is remanded for resen-tencing in accordance with law.