State v. Davis

I JOAN BERNARD ARMSTRONG, Judge.

This appeal concerns a resentencing only.

In 1997, the defendant, Tony Davis, was convicted of simple burglary. The State filed a multiple bill, and after a hearing, he was sentenced under La. R.S. 15:529.1 and State v. Dorthey, 623 So.2d 1276 (La.1993), to serve twelve years at hard labor as a third felony offender. The sentence was a departure from the life sentence mandated by the Habitual Offender Statute. Both the State and Davis appealed, and this Court affirmed his conviction but vacated his sentence, remanding the case for re-sentencing because the…