581 So. 2d 664

STATE of Louisiana ex rel., Jerome WILLIAMS v. Larry SMITH, Warden, Louisiana State Penitentiary and the State of Louisiana.

No. 90-KH-0686.

Supreme Court of Louisiana.

June 28, 1991.

PER CURIAM.

Granted. Multiple convictions obtained on the same day for offenses arising out of one criminal episode should be considered as one conviction for applying the habitual offender law in sentencing. State ex rel. Porter v. Butler, 573 So.2d 1106 (La.1991). The Porter decision (rendered after the sentencing in the present case) requires us to set aside relator’s adjudication and sentence as a habitual offender on both counts of armed robbery which have not been shown to arise out of separate criminal episodes.

Accordingly, relator’s habitual offender adjudications and sentences on the two counts of armed robbery are set aside, and the case is remanded to the district court for resentencing on both convictions, with the adjudication and sentence as a habitual offender to be limited to one of the two convictions.

State ex rel. Williams v. Smith
581 So. 2d 664

Case Details

Name
State ex rel. Williams v. Smith
Decision Date
Jun 28, 1991
Citations

581 So. 2d 664

Jurisdiction
Louisiana

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