Legal Opinion

State v. Davis

Louisiana Court of Appeal

Decided January 9, 1991No. K91-023PublishedCited by 2 opinions

1Opinion of the Court

ORDER

WRIT GRANTED AND MADE PEREMPTORY: The sentencing record does not clearly show that relator received a sentence on each count to which he pled nor does it reflect the court’s intent concerning concurrent service of sentences. A determinate sentence should have been clearly pronounced on each count of which relator was convicted. See State v. Volentine, 565 So.2d 511 (La.App. 2 Cir.1990) and La.C.Cr.P. arts. 871, 879.

Furthermore, ten years exceeds the maximum sentence statutorily provided on the two counts of possession of pentazo-cine. La.R.S. 40:967(C). We also recognize an illegally…

2Cases cited2 opinions

  1. State v. VolentineLouisiana Court of Appeal · 1990
  2. State v. LoyaLouisiana Court of Appeal · 1988

3Cited by2 opinions

  1. State v. BarnesLouisiana Court of Appeal · 1992
  2. State of Louisiana v. Delta Wayne WhiteLouisiana Court of Appeal · 2008

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