State v. Lewis
Cases that cite this one
2 later published cases cite this decision.
- State v. Welch (La. 1985)
- State v. Lewis (La. 1977)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
While there is no merit to defendant’s assignment of error, the sentence to twenty-five years at hard labor without benefit of probation, parole or pardon is improper. The gubernatorial power to pardon may not be precluded by the terms of a sentence. La.Const. Art. 4, § 5(E) (1974); State v. Williams, 338 So.2d 672 (La. 1976); State v. Spotville, 308 So.2d 763 (La. 1975).
Defendant’s conviction is affirmed, but the sentence is vacated and set aside. The case is remanded to the trial court for re-sentencing in accordance with the foregoing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.