STATE OF LOUISIANA Vs. VIRTIS VINCENT
Annotate this Case
Download PDF
NOT DESIGNATED FOR PUBLICATION NO. 2009-KA-0747 * STATE OF LOUISIANA * VERSUS COURT OF APPEAL * VIRTIS VINCENT FOURTH CIRCUIT * STATE OF LOUISIANA ******* APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 473-683, SECTION “G” Honorable Julian A. Parker, Judge ****** JUDGE PAUL A. BONIN ****** (Court composed of Judge Dennis R. Bagneris, Sr., Judge Roland L. Belsome, Judge Paul A. Bonin) LEON A. CANNIZZARO, JR. DISTRICT ATTORNEY ANDREW M. PICKETT ASSISTANT DISTRICT ATTORNEY 1340 POYDRAS STREET SUITE 700 NEW ORLEANS, LA 70112—1221 COUNSEL FOR STATE OF LOUISIANA SHERRY WATTERS LOUISIANA APPELLATE PROJECT P. O. BOX 58769 NEW ORLEANS, LA 70158--8769 COUNSEL FOR VIRTIS VINCENT OCTOBER 21, 2009 MULTIPLE BILL SENTENCE VACATED, ORIGINAL SENTENCE REINSTATED Defendant, Virtis Vincent, was charged by bill of information with theft of used building components (copper pipe), in violation of La. R.S. 14:67.23. His conviction and original sentence of three years were affirmed by this court in State v. Vincent, 2008-1432 (La. App. 4 Cir. 3/19/07), 7 So. 3d 1243.1 The state filed a bill against the defendant as a multiple offender relying on an alleged 1991 conviction. After a hearing, the trial court adjudicated the defendant as a multiple offender, vacated the previous three year sentence and imposed a sentence of five years. This appeal was filed on June 5, 2009, challenging the multiple bill and the subsequent five year sentence, on two grounds. In its brief, the state concedes the merit of defendant’s first assignment of error that there was insufficient proof that fewer than ten years had elapsed between defendant’s release date on the predicate conviction and the commission of the present offense. After reviewing the record of this matter, we find merit to the assignment of error, and considering the state’s 1 A writ application on the underlying conviction is pending before the Louisiana Supreme Court, case no. 09-K876. concession, we vacate both the adjudication of the defendant as an habitual offender under the provisions of La. R.S. 15:529.1 and the imposition of the sentence of five years pursuant to that adjudication. On September 25, 2009, the defendant filed a Motion for Priority Treatment and Waiver of Assignment of Error No. 2 in this court, still preserving his rights to challenge the underlying conviction before the Supreme Court. We grant the Motion for Priority Treatment and Waiver of Assignment of Error No. 2. CONCLUSION For the foregoing reasons, the adjudication of Virtis Vincent as a multiple offender and the accompanying five year sentence are hereby vacated, and the original sentence of three years is reinstated. MULTIPLE BILL SENTENCE VACATED, ORIGINAL SENTENCE REINSTATED 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
