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HUDSON v. DAY

No. 96 CA 2428.

703 So.2d 702 (1997)

Barry HUDSON v. Edgar C. DAY, Warden, et al.

Court of Appeal of Louisiana, First Circuit.

November 7, 1997.

Attorney(s) appearing for the Case

Barry Hudson, Angie, for Plaintiff-Appellant Barry Hudson, Pro Se.

Debra A. Rutledge, Baton Rouge, for Defendants—Appellees Edgar C. Day, Warden, and Louisiana Department of Public Safety and Corrections.

Before LeBLANC and FITZSIMMONS, JJ., and CHIASSON, J. Pro Tem.

FITZSIMMONS, Judge.

Plaintiff, Barry Hudson, was sentenced on September 25, 1990 for purse snatching. On September 27, 1990, Mr. Hudson was adjudicated an habitual defendant and sentenced to ten years. The minutes of September 27, 1990, as well as the commitment form, related that the original sentence was vacated and a new sentence meted out to Mr. Hudson as an habitual offender. However, we note that in the sentencing transcript, the judge failed to set aside the...

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