Supreme Court of Louisiana, 1977

State v. Lewis

State v. Lewis
Supreme Court of Louisiana · Decided March 9, 1977
343 So. 2d 732; 1977 La. LEXIS 6228 (Southern Reporter, Second Series)

State v. Lewis

Opinion of the Court

PER CURIAM.

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.