State v. Rious

KING, Judge.

The sole issue presented by this appeal is whether defendant’s sentence of seventeen *1196years at hard labor (ten years at hard labor as a habitual offender to run consecutive, after revocation of probation, to a seven year sentence at hard labor previously imposed for ten counts of simple burglary) was imposed without compliance with LSA-C.Cr.P. Art. 894.1 and is therefore an excessive sentence in violation of La. Const. Art. 1 § 20. We set aside the sentence and remand the matter for resentenc-ing.

FACTS

Johnnis Adam Rious (hereinafter referred to as defendant) was charged by bill of…