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STATE EX REL. FRAZIER v. STATE

No. 2003-KH-0242.

868 So.2d 9 (2004)

STATE ex rel. Eugene FRAZIER, Jr. v. STATE of Louisiana.

Supreme Court of Louisiana.

February 6, 2004.

PER CURIAM.

Writ granted in part; otherwise denied; case remanded to the court of appeal. Though "[r]esentencing alone does not restart" the prescriptive period for filing for post-conviction relief once a conviction and sentence have both become final, State ex rel. Rushing v. Whitley, 93-2722 (La.11/13/95), 662 So.2d 464, the prescriptive period does not initially begin to run until "the judgment of conviction and sentence...

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