No. 84-KA-0406 Precedential Processed

State v. Bates

Louisiana Supreme Court · Filed January 14, 1985 · 462 So. 2d 158

Cited by

State v. Durapau 800 So. 2d 1052 La. Ct. App. 1st Cir. 2001
State v. Jenkins 573 So. 2d 218 La. Ct. App. 5th Cir. 1990

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Thomas 447 So. 2d 1053
State v. Montgomery 432 So. 2d 234

Opinion text

PER CURIAM. Defendant’s conviction for possession of pentazocine in violation of La.R.S. 40:969 is affirmed. His sentence of 20 years at hard labor, imposed after the trial court adjudicated him a third offender, La.R.S. 15:529.-1, is, however, vacated and this case is remanded for resentencing. At the time of the offense in 1980, pentazocine occupied Schedule IV in La.R.S. 40:964, as amended by Acts 1979, No. 659, and carried a maximum penalty of 5 years at hard labor for a first offender, or 10 years at hard labor for a second or third offender sentenced under La.R.S. 15:529.1. Defendant’s multiple offender sentence is therefore illegal and subject to correction at any time. La.C. Cr.P. art. 882; State v. Thomas, 447 So.2d 1053 (La.1984); State v. Wiggins, 432 So.2d 234 (La.1983). *159 CONVICTION AFFIRMED; SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.