State v. Lewis
Supreme Court of Louisiana
State v. Lewis, 343 So. 2d 732 (La. 1977)
1977 La. LEXIS 6228
State v. Lewis
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.
Reference
- Full Case Name
- STATE of Louisiana v. Otis James LEWIS
- Cited By
- 2 cases
- Status
- Published