STATE v. COCKERHAM (2018)

Supreme Court of Louisiana.

STATE of Louisiana v. Kelly B. COCKERHAM

No. 2017–KO–1802

Decided: June 15, 2018

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

Writ denied.

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.

CRICHTON, J., would grant in part and assigns reasons. GENOVESE, J., would grant for the reasons assigned by Judge Holdridge.

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