Legal Opinion
State Ex Rel. Tuesno v. Maggio
Supreme Court of Louisiana
Decided November 28, 1983No. 83-KH-0423PublishedCited by 17 opinions
1Opinion of the Court
441 So.2d 1226 (1983)
STATE of Louisiana, ex rel., Ruffes J. TUESNO
v.
Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary.
No. 83-KH-0423.
Supreme Court of Louisiana.
November 28, 1983.
Granted. The trial court was without jurisdiction to impose an enhanced sentence as an order of appeal had been entered prior to imposition of the enhanced sentence. See La.C.Cr.P. art. 916; State v. Sharper, 383 So.2d 1248 (La.1980). Accordingly, the enhanced sentence is set aside and the original sentence of 15 years is reinstated. In the event defendant is resentenced as a multiple offender, his right to…
2Cases cited2 opinions
- State v. SharperSupreme Court of Louisiana · 1980
- State ex rel. Tuesno v. MaggioSupreme Court of Louisiana · 1983
3Cited by17 opinions
- State v. GarlandLouisiana Court of Appeal · 1986
- State v. BarnesLouisiana Court of Appeal · 1986
- State v. FraleyLouisiana Court of Appeal · 1986
- Roderick Wilson v. C.M. Lensing and Attorney General of LouisianaCourt of Appeals for the Fifth Circuit · 1991
- State v. FeltonLouisiana Court of Appeal · 1986
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