State v. Donaldson

PER CURIAM.*

Granted in part; denied in part. The judgment of the court of appeal is reversed in so far as it sets aside respondent’s multiple offender adjudication in 1982. Even assuming that the court of appeal had the authority to reopen the matter of respondent’s sentence years after the finality of his conviction, cf, State v. Fischer, 98-0468 (La.9/18/98), 725 So.2d 485, the Fourth Circuit expressly limited its grant of an out-of-time appeal in this case to the resentencing conducted on June 29, 1994. The record of the original multiple offender proceedings first considered on appeal in…