State Of Louisiana v. Contravious Travon Vinson

Supreme Court of Louisiana
February 22, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
CONTRAVIOUS TRAVON VINSON
No. 2021-K-01883
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I
N RE: Contravious Travon Vinson - Applicant Defendant; Applying For Writ Of
Certiorari, Parish of Caddo, 1st Judicial District Court Number(s) 363,156, Court of
Appeal, Second Circuit, Number(s) 54,056-KA;
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February 22, 2022
Writ application granted in part; denied in part. See per curiam.
WJC
JLW
JDH
SJC
JTG
JBM
PDG
02/22/2022 "See News Release 009 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-K-01883
STATE OF LOUISIANA
VS.
CONTRAVIOUS TRAVON VINSON
On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Caddo
PER CURIAM:
The trial court found defendant guilty of domestic abuse aggravated assault,
La. R.S. 14:37.7, and possession of a firearm by a person convicted of certain
felonies, La. R.S. 14:95.1. The State then alleged that defendant was a second felony
offender and produced evidence to support that at a habitual offender adjudication
hearing. The trial court adjudicated defendant a second fel ony offender, La. R.S.
15:529.1, relative to both underlying convictions and sentenced him to concurrent
five-year (La. R.S. 14:37.7) and ten-year (La. R.S. 14:95.1) sentences. The court of
appeal affirmed the underlying convictions , but, after conducting error patent
review, vacated the enhanced La. R.S. 14:95.1 sentence as illegally lenient and
remanded for resentencing as a third felony offender.
The court of appeal erred in ordering resentencing of defendant as a third
felony offender. See R.S. 15:529.1(D); La.C.Cr.P. art. 61; see also State v. Dorthey,
623 So.2d 1276, 1280 (La. 1993). There is no authority to enhance a defendant’s
sentence under La. R.S. 15:529.1 in excess of what the State requests in the multiple
offender bill of information.
The order for resentencing is reversed and the sentences imposed by the trial
court are reinstated. The parole restriction is removed from the enhanced domestic
abuse aggravated assault sentence. See La. R.S. 14:37.7(C) and La. R.S.
02/22/22

2

15:529.1(G). This matter is remanded for correction of the minute entry and
commitment order to remove the parole restriction from defendant’s domestic abuse
aggravated assault sentence only. Otherwise, the writ application is denied.
GRANTED IN PART; DENIED IN PART; REMANDED.