State v. Cockerham, 245 So. 3d 1035 (2018)

June 15, 2018 · Louisiana Supreme Court · No. 2017–KO–1802

245 So. 3d 1035

STATE of Louisiana
v.
Kelly B. COCKERHAM

No. 2017-KO-1802

Supreme Court of Louisiana.

June 15, 2018

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF WEST BATON ROUGE

Writ denied.

CRICHTON, J., would grant in part and assigns reasons.

GENOVESE, J., would grant for the reasons assigned by Judge Holdridge.

CRICHTON, J., would grant in part and assigns reasons:

As Judge Holdridge notes in his dissent below, without an amendment to the habitual offender bill of information by the district attorney, the district court was limited to sentencing the defendant as a third-felony offender. I agree and would therefore reverse the fourth-felony adjudication and remand to the district court for further proceedings.