State v. Thomas

DANIEL L. DYSART, Judge.

hln this appeal, the State seeks review of the trial court’s ruling which sentenced the defendant, Wendell Thomas, II, as a multiple offender, to serve a shorter term than that mandated by La. R.S. 15:529.1. For the reasons that follow, we vacate the defendant’s sentence and remand this matter to the trial court for further proceedings.

PROCEDURAL BACKGROUND

On March 19, 2012, the defendant was convicted by an Orleans Parish jury of possession of heroin in violation of La. R.S. 40:966(C)(1), after which he was sentenced to serve five years at hard labor. Defendant’s…