State v. Harris

HERBERT A. CADE, Judge Pro Tem.

Charles Harris was convicted in a jury trial of simple burglary, a violation of LSA-R.S. 14:62 and sentenced to three years at hard labor. Subsequently, defendant was multiple billed, found to be a third offender and resentenced to eight years at hard labor without benefit of parole or good time. In his sole assignment of error, Harris contends the trial judge erred in resentencing him as a third offender. Harris claims that the trial judge predicated his finding on earlier misdemeanor thefts that had already been enhanced to felony thefts (because of earlier…