No. 92-KH-2369 | La. | Nov 5, 1993

In re Tucker, Randy; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “D”, Nos. 268-919, 269-183.

Granted in part; denied in part. The record demonstrates that, in Case No. 269-183, relator was sentenced as a second felony offender as to each conviction of armed robbery. Having been convicted on the same day and of crimes arising from a single criminal episode, relator was exposed to a multiple offender adjudication on only one of his two convictions in this case. 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 (La.1991). This case is remanded to the district court, which is to vacate one of the two sentences subject to La.R.S. 15:529.1 and resentence relator. Relator’s application is otherwise denied.

DENNIS, J., not on panel.
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