State v. Brundy

' MAX N. TOBIAS, JR., Judge.

hThe defendant, James K. Brundy, Jr. (“Brundy”), appeals his conviction for aggravated battery. In the consolidated writ application, the state seeks relief from the trial court’s sentencing of the defendant to imprisonment at hard labor for only five years as a third-felony habitual offender— a sentence below the statutory minimum sentence under the Habitual Offender Law. Finding one patent error requiring trial court action as to the trial court’s failure to vacate the original sentence before sentencing the defendant as a habitual offender; finding no merit to…