STATE EX REL. WILSON v. MAGGIO

No. 82-KH-0415.

422 So.2d 1121 (1982)

STATE ex rel. Rudolph WILSON v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

November 29, 1982.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., John H. Craft, Mary C. McMullan, Asst. Dist. Attys., for respondent.

Calvin Johnson, New Orleans, Supervising Atty., Loyola Law School Clinic.


CALOGERO, Justice.

Relator contends that his adjudication in 1975 as a third offender was erroneous and his fifteen year sentence illegal. Pertinent to resolution of this question, relator claims that the trial judge mistakenly took into account a 1974 Federal conviction. Had he not done so, the statutory five year cleansing period of La.R.S. 15:529.1 would have precluded the use of a 1967 conviction and his being found a multiple offender for the 1975 crime for which...

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