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State v. Long

Court of Appeal of Louisiana, Third Circuit
Oct 14, 1986
524 So. 2d 750 (La. Ct. App. 1986)

Opinion

No. K-86-805.

October 14, 1986.

On writ of Certiorari, from the Ninth Judicial District Court, Parish of Rapides, Nos. 208,874 and 209,571; Robert P. Jackson, Judge presiding.


Ronnie W. Long, pro se.

Charles Wagner, Dist. Atty., Alexandria, for plaintiff-respondent.

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.


Summaries of

State v. Long

Court of Appeal of Louisiana, Third Circuit
Oct 14, 1986
524 So. 2d 750 (La. Ct. App. 1986)
Case details for

State v. Long

Case Details

Full title:STATE OF LOUISIANA v. RONNIE W. LONG

Court:Court of Appeal of Louisiana, Third Circuit

Date published: Oct 14, 1986

Citations

524 So. 2d 750 (La. Ct. App. 1986)

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