State of Louisiana v. Keith C. Kisack

Summary

The court held that the State proved beyond a reasonable doubt that the cleansing period for the habitual-offender enhancement had not elapsed, and that the issue is subject to patent-error review on appeal. It also held that the statutory sentencing delay requires an express waiver and was not waived merely by defense counsel's participation in sentencing. The court therefore vacated the habitual-offender adjudication and remanded, while declining to require suppression of the prison-cell-phone evidence because the defendant had a reduced expectation of privacy. No separate opinions were filed.