State v. Lyles, 239 So. 3d 1055

Defendant Henri Lyles was convicted by jury of aggravated battery (trial Nov. 15–16, 2016).
On Nov. 18, 2016, the State filed a habitual offender bill alleging Lyles was a third felony offender (predicates: 1990 distribution of cocaine; 2004 manslaughter).
At the Feb. 13, 2017 hearing, the trial court initially sentenced Lyles to 8 years and a $1,000 fine on the aggravated battery conviction, then found him a third felony offender and imposed life without parole, probation, or suspension under the habitual-offender statute.
The court did not vacate Lyles’s original underlying sentence before imposing the enhanced habitual-offender sentence.
Defendant’s motion to reconsider was denied; he appealed, assigning excessiveness of the habitual-offender sentence, but the appellate court found patent error requiring vacatur and remand for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the habitual-offender sentence is valid when the original sentence was not vacated	State contended habitual status and life sentence were properly imposed	Lyles argued sentence was excessive; implicitly that procedures were improper	The habitual-offender sentence is null and void because the underlying sentence was not vacated prior to enhancement; vacated and remanded for resentencing
Whether appellate court should address excessiveness claim	State sought affirmance of enhanced sentence	Lyles raised excessive sentence claim	Court declined to address excessiveness because patent procedural error required vacatur

State v. Netter, 79 So.3d 478 (La. App. 5 Cir. 2011) (habitual-offender sentence void if underlying sentence not vacated)
State v. Wise, 128 So.3d 1220 (La. App. 5 Cir. 2013) (trial court must vacate original sentence before imposing habitual-offender sentence)
State v. Oliveaux, 312 So.2d 337 (La. 1975) (duty to review record for errors patent)
State v. Weiland, 556 So.2d 175 (La. App. 5 Cir. 1990) (appellate review for patent errors)