State Ex Rel. Berry v. State

693 So. 2d 787 | La. | 1997

693 So.2d 787 (1997)

STATE ex rel. Jimmie Ray BERRY
v.
STATE of Louisiana.

No. 96-KH-0367.

Supreme Court of Louisiana.

May 16, 1997.

Writ granted; case remanded for resentencing. The district judge erred in imposing two sentences enhanced under R.S. 15:529.1 when the two convictions arose from a single criminal episode and were entered on the same day. See State ex rel. Porter v. Butler, 573 So.2d 1106, 1109 (La.1991); State v. Sherer, 411 So.2d 1050, 1057 (La.1982).

VICTORY, TRAYLOR and KNOLL, JJ., would grant and docket to reconsider State ex rel. Porter v. Butler.

CALOGERO, C.J., not on panel.