State v. Welch
Cases that cite this one
1 later published case cites this decision.
- State v. Fraser (La. Ct. App. 1985)
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
Defendant’s conviction for second-degree murder in violation of La.R.S. 14:30.1 is affirmed. We agree with counsel, however, that the penalty imposed by the trial court of life imprisonment at hard'labor without benefit of “parole, probation, commutation or dimunition of sentence for a period of 40 years” is illegal and must be set aside. Cf, La.C.Cr.P. art. 882. This Court has consistently held under both La. Const. 1921, Art. V, § 10 and La. Const. 1974, Art. IV, § 5 that “[gubernatorial pardon or commutation, constitutionally permitted, may not be precluded by the terms of an imposed sentence.” State v. Williams, 338 So.2d 672, 678 (La. 1976); State v. Lewis, 343 So.2d 732 (La. 1977); State v. Spotville, 308 So.2d 763 (La. 1975); State v. Varice, 292 So.2d 703 (La. 1974).
Defendant’s sentence is therefore amended; the words “commutation or diminution of sentence” are removed. In all other respects, the sentence imposed by the trial judge is affirmed.
CONVICTION AFFIRMED; SENTENCE AMENDED AND AS AMENDED AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.