STATE v. WADE (2020)

Writ application granted in part. See per curiam.

Writ granted in part. Given discrepancies between the court of appeal's opinion in State v. Wade, 36,295 (La. App. 2 Cir. 10/23/02), 832 So.2d 977, writ denied, 02-2875 (La. 4/4/03), 840 So.2d 1213, the May 29, 2019 transcript, the commitment order, minutes from defendant's resentencing, and Department of Public Safety & Corrections records, this court cannot determine whether defendant's sentence for flight from an officer, La.R.S. 14:108.1, exceeds that authorized by statute. Accordingly, we grant defendant's application in part to remand to the district court to determine whether defendant received an illegal sentence for that offense. The district court is further directed to determine whether the commitment order is correct, and to correct it if necessary. The application is otherwise denied.

REMANDED

Crichton, J., would deny. Genovese, J., would deny.