State Of Louisiana v. Whitney Loston

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2022 KW 1179

VERSUS
WHITNEY LOSTON JANUARY 09, 2023

In Re: Whitney Loston, applying for supervisory writs, 16th
Judicial District Court, Parish of St. Mary, No. 2009-
181129/03162554.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. It is well
settled that a trial court commits error when in sentencing for
multiple counts, it does not impose a separate sentence for each
count. See State v. Walder, 2006-1239 (La. App. 1st Cir.
12/28/06), 952 So. 2d 21, writ granted in part, judgment amended
on other grounds, 2007-0198 (La. 10/5/07), 965 So.2d 865. See
also State v. Porche, 2019-0278 (La. App. 1st Cir. 9/27/19), 288
So. 3d 802. The imposition of a single sentence of twenty-five
years in this matter for multiple convictions is invalid. Thus,
we vacate the sentence and remand for resentencing.

Further, at the time relator committed the offenses in
2003, La. R.S. 14:64.3, the armed robbery enhancement penalty,
did not impose a hard labor requirement. Therefore, the
sentence [ s] to be imposed on the armed robbery with a fire arm
count [s] should not include the provision that the sentence be
served at hard labor.

Accordingly, the ruling of the trial court which denied the
motion to correct an illegal sentence is revers~d and the motion
is granted. The sentence is vacated, and the matter is remanded
with ORDER to resentence relator. Relator's application is
otherwise denied.

MRT
WRC
CHH

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT