83-KH-0423 Precedential Processed

State Ex Rel. Tuesno v. Maggio

Louisiana Supreme Court · Filed November 28, 1983 · 441 So. 2d 1226

Also decided on this docket: La., November 28, 1983 441 So. 2d 1226

Cited by

State v. Fraley 499 So. 2d 1304 La. Ct. App. 4th Cir. 1986
State v. Barnes 496 So. 2d 1056 La. Ct. App. 4th Cir. 1986
State v. Dakin 495 So. 2d 344 La. Ct. App. 1st Cir. 1986
State v. Polk 494 So. 2d 339 La. Ct. App. 1st Cir. 1986
State v. Lutz 491 So. 2d 716 La. Ct. App. 1st Cir. 1986
State v. Duncan 488 So. 2d 1225 La. Ct. App. 1st Cir. 1986
State v. Sparks 483 So. 2d 1246 La. Ct. App. 1st Cir. 1986
State v. Felton 482 So. 2d 191 La. Ct. App. 4th Cir. 1986
State v. Garland 482 So. 2d 133 La. Ct. App. 4th Cir. 1986
State v. Calway 482 So. 2d 74 La. Ct. App. 1st Cir. 1986
State v. Waldron 482 So. 2d 163 La. Ct. App. 1st Cir. 1986
State v. Turner 480 So. 2d 404 La. Ct. App. 1st Cir. 1985

all 15 citing documents »

Authorities cited

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State v. Sharper 383 So. 2d 1248

Opinion text

441 So.2d 1226 (1983) STATE of Louisiana, ex rel., Ruffes J. TUESNO v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary. No. 83-KH-0423. Supreme Court of Louisiana. November 28, 1983. Granted. The trial court was without jurisdiction to impose an enhanced sentence as an order of appeal had been entered prior to imposition of the enhanced sentence. See La.C.Cr.P. art. 916; State v. Sharper, 383 So.2d 1248 (La.1980). Accordingly, the enhanced sentence is set aside and the original sentence of 15 years is reinstated. In the event defendant is resentenced as a multiple offender, his right to appeal his enhanced sentence is reserved to him.