State Of Louisiana VS Michael Gervin

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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF 2019 NO. LOUISIANA KW 0119 VERSUS MICHAEL In APR 2 9 2019 GERVIN Michael Re: Gervin, Judicial CHUTZ, WELCH, and GRANTED. The Acts See imprisonment relator' s by for only instant predicate than more offense for of sentencing relator' s 881. 5; 1/ 30/ 18), no La. State 239 ruling by denying the it the amended by 2001 La. per intended is Acts to to No. La. WIL APPEAL, FIRST CIRCUIT r DEPUTY dLKRK OF COURT FOR THE COURT repeal an this 2). punishable any years. crime Although s two things and relator' Thus, violence. instant offense See La. of Code Crim. 2016- 0949 ( is K of enacting La. 15: 308. R. S. is 1)( P. La. there Section illegal is offender Moreover, matter of term Consequently, habitual 15: 529. 1( A)( R. S. 403, § law years. in or other State, v. life a two maximum curiam). and WRC OF a correct JEW COURT the that granted, to pursuant resentencing for for to offense, stolen of half one Esteen 238 ( motion motion of crimes legislature or R. S. the and sex twelve a rel. 233, the 15: 529. 1, reversed, not b) ( ii) , violence, possession and as ex So. 3d indication R. S. of third -felony authorized by law. sentence La. life amendments substance than provided forty- nine of life for a term longer than art. more were robbery to a years a third -felony offender armed imprisonment ten crime illegal cocaine as attempted a was to felony violence, dangerous controlled for offenses, possession of to instant the pursuant third No. prior sentenced those the Acts retroactively committed was offender if La. offense applying R. S. 15: 529( A) ( 1) ( crimes punishable by imprisonment the Relator La. under 2001 an However, were the in expressly committed subsequently ii). imprisonment who are 15: 308. provided of violations reductions third -felony a b)( felonies prior Rouge, JJ. 45, No. and sentence is sentence as 1)( sentence R. S. 1998, 15: 529. 1( A)( Baton East of 19th writs, supervisory Parish LANIER, defendant a La. in offense La. to applicable 2001. AND 2002 WRIT 403 Court, 01- 00- 0213. No. BEFORE: for applying District The is sentence remanded b)( for ii) ( as

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