BURGE v. BUTLER

No. 88-3019.

867 F.2d 247 (1989)

Mark Austin BURGE, Petitioner-Appellee, v. Robert H. BUTLER, Sr., Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 10, 1989.


Attorney(s) appearing for the Case

William R. Campbell, Jr., New Orleans, La., for respondent-appellant.

Mark Austin Burge, Angola, La., pro se.

Before CLARK, Chief Judge, TIMBERS and RUBIN, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

Because the state trial court misunderstood the effective date of a new sentencing statute, a defendant convicted of a felony was sentenced under a statute that did not apply to his crime and to a sentence that was not authorized by the state legislature. We hold that he was deprived of liberty without due process of law, and accordingly grant habeas corpus relief unless the state shall resentence him under a statute applicable to his...

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