State ex rel. Treadaway v. State , 2006 La. LEXIS 1753 ( 2006 )

In re Treadaway, Eric; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 96-5435; to the Court of Appeal, Fifth Circuit, No. 2005-KH-0616.

Writ granted in part; otherwise denied. Because relator’s 1995 conviction in the 34th Judicial District for felony theft in violation of La.R.S. 14:67 has been overturned, relator’s present adjudication and sentence as an habitual offender in part on the basis of that prior conviction has become illegal. State v. Martin, 427 So.2d 1182, 1186 (La.1983); cf. La.C.Cr.P. art. 882. Relator’s current habitual offender adjudication and sentence are therefore vacated and his case is remanded to the district court for resentencing. In all other respects the application is denied.