State v. Dickerson

STATE of Louisiana v. William DICKERSON.

Supreme Court of Louisiana

Decided September 6, 1991.

Supreme Court of Louisiana · decided 1991-09-06

Key passage — most relied on by later courts

“[Louisiana Revised Statutes] 15:529.1 requires that the sentencing judge vacate the original sentence and resen-tence the defendant as a multiple offender. In resentencing, the judge must impose a sentence authorized by La.Rev. Stat. 15:529.1. That statute does not authorize the imposition of a fine, but Lonly provides for enhanced sentences relating to the term of imprisonment. The trial judge was therefore without authority to impose a fine on resentenc-ing under La.Rev.Stat. 15:529.1. Accordingly, the fine and default provisions of defendant’s sentence are deleted.”

quoted by 2 later decisions, including 22 So. 3d 1150 - State v. Johnlouis, 32 So. 3d 364 - State v. Dyas

Good law ✅— No negative treatment on recordhow we know

Decided 1991-09-06

How this case has been cited

Cited by 56 later decisions — most recently January 2018 · most notably State v. Dotie (2009), 958 So. 2d 36 - State v. Moore (2007)

56 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1PER CURIAM.

¶2Granted in part.

¶3La.Rev.Stat. 15:529.1 requires that the sentencing judge vacate the original sentence and resentence the defendant as a multiple offender. In resentencing, the judge must impose a sentence authorized by La.Rev.Stat. 15:529.1. That statute does not authorize the imposition of a fine, but only provides for enhanced sentences relating to the term of imprisonment. The trial judge was therefore without authority to impose a fine on resentencing under La.Rev.Stat. 15:529.1.

¶4Accordingly, the fine and default provisions of defendant's sentence are deleted. The application is otherwise denied.