State v. Stack

In re Kawan Stack, applying for Reconsideration to this Court’s action dated September 24, 1999, from the 24th Judicial District Court, Parish of Jefferson, Division “I” No. 97-68; to the Court of Appeal, First Circuit, No. 98-KH-1326. Granted. Review of the habitual offender bill filed June 3, 1997 shows that the state did rely on prior convictions which satisfy the criteria of R.S. 15:529.1(A)(1)(b)(ii). Accordingly our order in State ex rel. Stack v. State, 99-1155 (La.9/24/99), 747 So.2d 1110 is recalled, and Stack’s sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence is reinstated. JOHNSON, J., not on panel.