State Ex Rel. Berry v. State, 96-KH-0367

96-KH-0367 | La. | May 16, 1997

693 So. 2d 787" date_filed="1997-05-16" court="La." case_name="State Ex Rel. Berry v. State">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" date_filed="1991-01-22" court="La." case_name="State Ex Rel. Porter v. Butler">573 So.2d 1106, 1109 (La.1991); State v. Sherer, 411 So. 2d 1050" date_filed="1982-03-01" court="La." case_name="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.