State ex rel. Stewart v. State

503 So. 2d 468 | La. | 1987

In re Stewart, Feltus; applying for supervisory writs; Parish of Orleans, Criminal District Court, Div. “D”, No. 251-454.

Granted. The twenty-year sentence for violation of La.R.S. 40:966 is facially illegal in excess of the maximum sentence for the basic crime, because the minute entry and commitment papers do not show that relator was sentenced as a multiple offender. The sentence is therefore set aside and the case is remanded for resentencing.