STATE of Louisiana
v.
Clarence WHITE.
Supreme Court of Louisiana.
Elizabeth W. Cole, Orleans Indigent Defender Program, New Orleans, for defendant-appellant.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., William L. Brockman, Asst. Dist. Atty., for plaintiff-appellee.
PER CURIAM.
Defendant Clarence White was charged by bill of information with possession of heroin, a controlled dangerous substance. La. R.S. 40:966. On October 1,1975, he was tried before a twelve person jury and found guilty as charged. The trial court subsequently sentenced him to serve eight years at hard labor. On appeal, defendant alleges that six trial errors merit reversal of his conviction and sentence.
Having reviewed the assignments of error, we find them to be without merit and accordingly affirm defendant's conviction.
However, we note ex proprio motu a possible error in the sentence, which appears on the face of the record. See, La. C.Cr.P. art. 920; State v. Jones,
Because La. R.S. 15:529.1 is merely a penalty-enhancing device and an indictment thereunder does not charge a criminal offense, the statute permits the imposition of only one sentence. See, State v. Tillett,
Affirmed and remanded.
