Supreme Court of Louisiana, 1981

State v. Harbor

State v. Harbor
Supreme Court of Louisiana · Decided November 27, 1981
408 So. 2d 908; 1981 La. LEXIS 10992 (Southern Reporter, Second Series)

State v. Harbor

Opinion of the Court

PER CURIAM.

Defendant’s conviction and sentence are affirmed. However, we remand the case to the trial court for purposes of correcting the minutes, and commitment of defendant, to reflect the actual verdict returned, possession of heroin in violation of La.R.S. 40:966(C)(1). In addition, we note that while the trial court correctly sentenced defendant under the provisions of La.R.S. 40:966(C)(1) “. . .to a term of four years in the State Penitentiary at hard labor without benefit of probation or suspension of sentence,” the minutes and commitment incorrectly indicate a denial of parole eligibility as well. We therefore also remand for purposes of correcting the record with regard to the actual sentence imposed by the trial court and required by law. Cf., La.C.Cr.P. Art. 882; La.R.S. 15:574.4(B); State v. Cain, 382 So.2d 936 (La. 1980).

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