State v. Abram

| TOBIAS, J.,

dissenting.

I respectfully dissent.

The defendant was convicted of simple burglary and sentenced as a fourth felony offender to life imprisonment without benefit of parole, probation, or suspension of sentence. He appealed, and in an unpublished decision, this court affirmed his conviction and adjudication as a fourth felony offender, but vacated the sentence and remanded the case for resentencing.1 State v. Abram, 00-0418 (La.App. 4 Cir. 2/28/01), 786 So.2d 984. The remand required only a “ministerial correction of the record.” See State v. Daniels, 00-3369 (La.11/2/01), 800 So.2d…