No. K-86-805 Precedential Processed

State v. Long

Louisiana Court of Appeal, First Circuit · Filed October 14, 1986 · 524 So. 2d 750

Cited by

Limousine Livery v. a AIRPORT LIM. SERVICE 980 So. 2d 780 La. Ct. App. 4th Cir. 2008
Conagra Poultry Co. v. Collingsworth 705 So. 2d 1280 La. Ct. App. 2d Cir. 1998
Wied v. TRCM, LLC 698 So. 2d 685 La. Ct. App. 2d Cir. 1997
Orleans Parish School Bd. v. UNITED TEACHERS 689 So. 2d 645 La. Ct. App. 4th Cir. 1997
Arbitration between Tower Hill Trading Co. v. Howard, Weil, Labouisse, Friedrichs Inc. 687 So. 2d 1096 La. Ct. App. 1st Cir. 1997
State v. Mallett 526 So. 2d 1194 La. Ct. App. 1st Cir. 1988

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Johnson 432 So. 2d 815
State v. Miles 472 So. 2d 909
State v. Black 494 So. 2d 1173
State v. Rious 490 So. 2d 1195
State v. Walker 432 So. 2d 1057

Opinion text

ORDER No. 208,874 WRIT GRANTED AND MADE PEREMPTORY. Relator was sentenced as a multiple offender under La.R.S. 15:529.1. The record fails to reflect that Relator was duly cautioned of his right to remain silent. State v. Johnson, 432 So.2d 815 (La.1983). Accordingly, the sentence imposed on Relator on May 23, 1984 is vacated and set aside and. the case is remanded to the District Court for resentencing in accordance with law, including application of La.C.Cr.P. Art. 894.1. State v. Miles, 472 So.2d 909 (La.1985) writ den., 494 So.2d 1173 (La.1986); State v. Rious, 490 So.2d 1195 (La.App. 3 Cir.1986). We find assignments of error numbers 3, 4, and 5 to be without merit. No. 209,571 WRIT GRANTED AND MADE PEREMPTORY. Relator was sentenced as a multiple offender under La.R.S. 15:529.1. The record fails to reflect that Relator was duly cautioned of his right to remain silent or of his right to a formal hearing and his right to require the State to prove the issue of his identity as the same person who was previously convicted of the prior felonies charged in the multiple offender bill. State v. Johnson, 432 So.2d 815 (La.1983); State v. Walker, 432 So.2d 1057 (La.App. 3 Cir.1983). Accordingly, the sentence imposed on Relator on August 22, 1984 is vacated and set aside, and the case is remanded to the District Court for resentencing in accordance with law, including application of La.C.Cr.P. Art. 894.1. State v. Miles, 472 So.2d 909 (La.1985) writ den., 494 So.2d 1173 (La.1986); State v. Rious, 490 So.2d 1195 (La.App. 3 Cir.1986). We find assignments of error numbers 3, 4, and 5 to be without merit.