Summary
In State v. Abbott, 508 So.2d 80 (La. 1987), the Louisiana Supreme Court held that art. 916 as amended should be applied retroactively to uphold the validity of previous habitual offender proceedings that had taken place after the entry of the order of appeal.
Summary of this case from Wilson v. LensingOpinion
No. 87-CQ-1255.
June 19, 1987. Rehearing Denied September 4, 1987.
In re Fourth Circuit Court of Appeal — Other; applying for certified question; to the Court of Appeal, Fourth Circuit, No. KW-7602; Parish of Orleans, Criminal District Court, Div. "C", No. 299-714.
Certification granted. In response to the certified question, Louisiana Act 851 of 1986 should be applied retroactively to uphold the validity of habitual offender proceedings where orders of appeal were entered prior to the sentencing of the defendants as habitual offenders.
CALOGERO, J., would grant the requested certification and bring the case up for briefing, argument and opinion.