STATE v. BATTAGLIA

No. 64817.

377 So.2d 264 (1979)

STATE of Louisiana, Relator, v. Salvatore A. BATTAGLIA and Jack Reynier, Respondents.

Supreme Court of Louisiana.

November 1, 1979.


Attorney(s) appearing for the Case

Samuel S. Dalton, Jefferson, for defendant-respondent Jack Reynier.

Craig J. Cimo, Gretna, for defendant-respondent Salvatore A. Battaglia.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Abbott J. Reeves, Asst. Dist. Atty., for plaintiff-relator.


DIXON, Justice.

Defendants, Battaglia and Reynier, were charged in a grand jury indictment with distribution of heroin in April, 1975. Found guilty as charged by jury on February 17, 1976, they were sentenced to life imprisonment at hard labor on March 18, 1976. Both appealed.

While the appeals were pending a motion for resentencing was filed, and came before the trial court on May 31, 1979. The court noted that it retained jurisdiction "to correct an illegal...

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