Cited by
Opinions in Louisiana that cite In re Dudley, 760 So. 2d 309.
- State of Louisiana v. Derrick Cardet Withers La. Ct. App. 3d Cir. 2023
- State of Louisiana v. Marlin Devary Demouchet La. Ct. App. 3d Cir. 2022
- State of Louisiana v. Jeffery Lynn Cooley La. Ct. App. 3d Cir. 2021
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State v. Clements
112 So. 3d 306
La. Ct. App. 1st Cir. 2013
See State v. Mayer, 99-3124 (La.3/31/00), ; State v. Norwood, 01-0432 (La.App.
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State of Louisiana v. Brandon Dale Allen
La. Ct. App. 3d Cir. 2011
3/31/00), however, the supreme court found that vacation of the habitual offender sentence was not necessary where the transcript failed to reflect the trial court vacated the previously imposed sentence before imposing the habitual offender sentence.
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State v. Allen
79 So. 3d 1220
La. Ct. App. 1st Cir. 2011
In State v. Mayer, 99-3124 (La.3/31/00), , however, the supreme court found that vacation of the habitual offender sentence was not necessary where the transcript failed to reflect the trial court vacated the previously imposed sentence before imposing the habitual offender sentence.
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State v. Cummings
79 So. 3d 386
La. Ct. App. 1st Cir. 2011
5 Cir. 7/30/01) , , this Court followed the dictates of State v. Mayer, 1999-3124 (La.3/31/00), .
- State of Louisiana v. Kevin Demond Richard La. Ct. App. 3d Cir. 2011
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State v. Stewart
65 So. 3d 771
La. Ct. App. 1st Cir. 2011
State v. Mayer, 99-3124 (La.3/31/00), (per curiam).
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State v. Collins
44 So. 3d 775
La. Ct. App. 1st Cir. 2010
In State v. Mayer, 99-3124 (La.3/31/00), , the Louisiana Supreme Court found vacating a habitual offender sentence was not necessary when the transcript failed to reflect that the trial court vacated the previously imposed sentence before imposing a habitual offender sentence.
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State v. Morgan
34 So. 3d 909
La. Ct. App. 1st Cir. 2010
See, State v. Mayer, 99-3124 (La.3/31/00), .
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State v. Evans
30 So. 3d 958
La. Ct. App. 1st Cir. 2009
In State v. Mayer, 99-8124 (La.3/31/00), , our supreme court found that to the extent that the commitment/minute entry reflected that the trial judge had vacated the defendant’s original sentence “and thereby eliminated any possible confusion as to the terms of the defendant’s confinement, the failure of the transcript of the multiple offender hearing t
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State v. McMillan
30 So. 3d 36
La. Ct. App. 1st Cir. 2009
5 Cir. 7/30/01) , , this Court followed the dictates of State v. Mayer, 1999-3124 (La.3/31/00), .
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State v. Mosley
16 So. 3d 398
La. Ct. App. 5th Cir. 2009
5 Cir. 9/28/99) , , writ granted in part on other grounds, 99-3124 (La.3/31/00), .
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State v. Mosley
16 So. 3d 398
La. Ct. App. 1st Cir. 2009
5 Cir. 9/28/99) , , writ granted in part on other grounds, 99-3124 (La.3/31/00), .
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Distinguished
State v. Young
996 So. 2d 302
La. Ct. App. 5th Cir. 2008
This case is distinguishable from State v. Mayer, 99-3124 (La.3/31/00), , where the transcript did not show the trial court had vacated the defendant's original sentence before imposing the habitual offender sentence, but the commitment and minute entry did reflect that the original sentence was vacated.
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State v. Taylor
975 So. 2d 10
La. Ct. App. 5th Cir. 2007
art. 921; Compare, State v. Mayer, 99-3124 (La.3/31/00), (per curiam) (To the extent that the commitment/minute entry reflects that the trial judge vacated the defendant's original sentence and thereby eliminated any possible confusion as to the terms of the defendant's confinement, the failure of the transcript of the multiple offender hearing to show that the court d
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State v. Pitre
893 So. 2d 1009
La. Ct. App. 3d Cir. 2005
In State v. Mayer, 99-3124 (La.3/31/00), , however, the supreme court found that vacation of the habitual offender sentence was not necessary where the transcript failed to reflect the trial court vacated the previously imposed sentence before imposing the habitual offender sentence.
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State of Louisiana v. Kevin James Pitre
La. Ct. App. 3d Cir. 2005
3/31/00), however, the supreme court found that vacation of the habitual offender sentence was not necessary where the transcript failed to reflect the trial court vacated the previously imposed sentence before imposing the habitual offender sentence.
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State v. Johnson
864 So. 2d 645
La. Ct. App. 5th Cir. 2003
State v. Mayer, 99-3124 (La.3/31/00), , reh'g denied, 99-3124 (La.5/12/00), .
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State v. Bright
860 So. 2d 196
La. Ct. App. 5th Cir. 2003
However, in, State v. Mayer, 99-3124 (La.3/31/00), , reh'g denied, 99-3124 (La.5/12/00), , the Louisiana Supreme Court found that an enhanced sentence in such circumstances was valid: To the extent that the ...
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State v. Boss
848 So. 2d 75
La. Ct. App. 5th Cir. 2003
5 Cir. 7/30/01) , , in which this court followed the dictates of State v. Mayer, XXXX-XXXX (La.3/31/00), , and deviated from its long held practice of vacating the multiple offender sentence as null and void and remanding the case to the district court for the purpose of vacating the original sentence and resentencing defendant as a multiple offender.
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State v. Triche
848 So. 2d 80
La. Ct. App. 5th Cir. 2003
However, in State v. Mayer, 99-3124 (La.3/31/00), (per curiam), the Louisiana Supreme Court found that an enhanced sentence in such circumstances was valid: To the extent that the ...
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State v. Simmons
839 So. 2d 239
La. Ct. App. 5th Cir. 2003
3/31/00), , the Louisiana Supreme Court found that an enhanced sentence in such circumstances was valid: To the extent that the ...
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State v. Wilson
839 So. 2d 206
La. Ct. App. 4th Cir. 2003
4 Cir. 8/29/01), -725 , interpreting State v. Mayer, 99-3124 (La.3/31/00), , 816 and citing State v. Jackson , XXXX-XXXX (La.App.
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State v. Robinson
818 So. 2d 246
La. Ct. App. 1st Cir. 2002
The Louisiana Supreme Court addressed the issue in State v. Mayer, 99-3124 (La.3/31/00), , reversing the Fifth Circuit when it took similar action.
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State v. Norwood
802 So. 2d 721
La. Ct. App. 1st Cir. 2001
However, in State v. Mayer, 99-3124 (La.3/31/00), , the Supreme Court reversed the Fifth Circuit when it took a similar action.
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State v. Davis
792 So. 2d 126
La. Ct. App. 5th Cir. 2001
5 Cir. 9/28/99) , writ granted in part, 99-3124 (La.3/31/00), , this court ruled that an enhanced sentence was null and void because the original sentence had not been vacated.
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State v. Cushinello
792 So. 2d 926
La. Ct. App. 5th Cir. 2001
App.3/31/00), , the court found that an enhanced sentence in such circumstances was a valid sentence: To the extent that the ...
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State v. Jackson
814 So. 2d 6
La. Ct. App. 1st Cir. 2001
5th Cir.9/28/99), , writ granted in part, 99-3124 (La.3/31/00), , the fifth circuit declared a habitual offender sentence to be null and void because the original sentence had not been vacated.