85-KH-2380 Precedential Processed

State Ex Rel. Glynn v. Blackburn

Louisiana Supreme Court · Filed April 4, 1986 · 485 So. 2d 926

Also decided on this docket: La., January 24, 1986 481 So. 2d 620

Cited by

State v. Cureaux 165 So. 3d 228 La. Ct. App. 1st Cir. 2015
State of Louisiana v. Ernest D'Wayne Derryberry La. Ct. App. 3d Cir. 2013
State v. Guillard 902 So. 2d 1061 La. Ct. App. 5th Cir. 2005
State v. Muhammad 880 So. 2d 29 La. Ct. App. 5th Cir. 2004
Muhammad v. Stalder 876 So. 2d 52 La. 2004
State v. Muhammad 875 So. 2d 45 La. 2004
State v. Muhammad 857 So. 2d 1223 La. Ct. App. 5th Cir. 2003
State v. Burks 843 So. 2d 444 La. Ct. App. 1st Cir. 2003
State v. Wilson 833 So. 2d 560 La. Ct. App. 3d Cir. 2002
State v. Grimes 786 So. 2d 876 La. Ct. App. 4th Cir. 2001
State v. Alexander 503 So. 2d 782 La. Ct. App. 3d Cir. 1987

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Glynn 388 So. 2d 804
Stidham v. Sowers 260 La. 200
State v. Molbert 310 So. 2d 585
State Ex Rel. Williams v. Henderson 289 So. 2d 74

Opinion text

485 So.2d 926 (1986) STATE of Louisiana ex rel. Jude GLYNN, Jr. v. Frank BLACKBURN, Warden. No. 85-KH-2380. Supreme Court of Louisiana. April 4, 1986. Michael S. Gallagher, S.J., Loyola Law Clinic, New Orleans, for relator. John Mamoulides, Dist. Atty., Gretna, for respondent. PER CURIAM. When we vacated relator's sentence for forcible rape in State v. Glynn, 388 So.2d 804 (La.1980), and remanded that case to the 29th Judicial District Court for resentencing, relator's consecutive two year sentence imposed in the 24th Judicial District for simple kidnapping, La.R.S. 14:45, began to run as of the date of its imposition. Stidham v. Sowers, 260 La. 200 , 255 So.2d 740 (1971); See also, State v. Molbert, 310 So.2d 585 (La.1975). Records from the Department of Corrections show clearly that relator satisfied the two year sentence before he was adjudicated a multiple offender in the 24th judicial district and resentenced to ten years' imprisonment at hard labor under the provisions of R.S. 15:529.1. Proceedings against a convicted defendant to enhance his sentence under R.S. 15:529.1 must be completed before he has satisfied his sentence on the underlying felony and been discharged from custody for that offense. State ex rel. Williams v. Henderson, 289 So.2d 74 (La.1974). The ruling of the district court denying relator relief is therefore set aside, relator's sentence of ten years' imprisonment at hard labor is vacated, and relator is ordered discharged from custody on his conviction and sentence for simple kidnapping in the 24th Judicial District Court.