STATE v. PERRON

No. 62953.

365 So.2d 1107 (1978)

STATE of Louisiana v. Lucius PERRON.

Supreme Court of Louisiana.

December 22, 1978.


Attorney(s) appearing for the Case

A. J. Boudreaux, Staff Appeals Counsel, Indigent Defender Bd.; Kenner Philip E. O'Neill, Metairie, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Robert A. Pitre, Jr., Stephen M. Little, Asst. Dist. Attys., Gretna, Abbott J. Reeves, Director, Research and Appeals Div., Asst. Dist. Atty., for plaintiff-appellee.


PER CURIAM.

The defendant's conviction is affirmed. The case is remanded for resentencing because application of the habitual offender statute, La.R.S. 15:529.1, was improper. The subject offense, for which the penalty was sought to be enhanced, was committed before defendant was convicted of the penalty-enhancing offense. However, La.R.S. 15:529.1(A) authorizes only the use of prior convictions in a habitual offender bill.

Accordingly, defendant's...

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