Clerk of Court For the Court State Of Louisiana v. Carlos Dewayne Wade
Clerk of Court For the Court State Of Louisiana v. Carlos Dewayne Wade, No. 2020-KO-00299 (La. July 31, 2020).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Wade 832 So. 2d 977
- State v. Tracy 840 So. 2d 1213
Opinion text
The Supreme Court of the State of Louisiana
Clerk of Court
For the Court
STATE OF LOUISIANA
VS.
CARLOS DEWAYNE WADE
No.2020-KO-00299
_ _ _ _ _ _
IN RE: Carlos Dewayne Wade - Applicant Defendant; Applying For Writ Of
Certiorari, Parish of Caddo, 1st Judicial District Court Number(s) 209,434, Court of
Appeal, Second Circuit, Number(s) 53,311-KA;
_ _ _ _ _ _
J
uly 31, 2020
Writ application granted in part. See per curiam.
BJJ
JLW
JDH
WJC
JHB
Crichton, J., would deny.
Genovese, J., would deny.
S
upreme Court of Louisiana
July 31, 2020
07/31/2020 "See News Release 028 for any Concurrences and/or Dissents."
07/31/20
S
UPREME COURT OF LOUISIANA
No
. 2020-KO-00299
STA
TE OF LOUISIANA
ve
rsus
CARL
OS DEWAYNE WADE
O
N WRIT OF CERTIORARI TO THE SECOND CIRCUIT
COURT OF APPEAL, PARISH OF CADDO
PE
R CURIAM:
Writ granted in part . Given discrepancies between the court of appeal’s
opinion in State v. Wade , 36,295 (La. App. 2 Cir. 10/23/02), 832 So.2d 977, writ
denied, 02 -2875 (La. 4/4/03), 840 So.2d 1213 , the May 29, 2019 transcript, the
commitment order, minutes from defendant’s resentencing, and Department of
Public Safet y & Corrections records, this court cannot determine whether
defendant’s sentence for flight from an officer, La.R.S. 14:108.1, exceeds that
authorized by statute. Accordingly, we grant defendant’s application in part to
remand to the district court to determine whether defendant received an illegal
sentence for that offense. The district court is further directed to determine whether
the commitment order is correct, and to correct it if necessary. The application is
otherwise denied.
REMANDED