State v. Butler

Supreme Court of Louisiana
State v. Butler, 462 So. 2d 184 (La. 1985)
1985 La. LEXIS 7881
Dixon, Marcus

State v. Butler

Opinion of the Court

Denied. The State of Louisiana in the person of the prosecutor was party to this case when concurrent sentences were imposed. The prosecutor has not objected to the imposition of the concurrent sentences and has not sought to have that condition of defendant’s sentences set aside. The custodian of the defendant is obligated to see that only the sentence imposed is the sentence served. Accordingly DOC is to run Butler’s time concurrently as ordered by Judge Waltzer. See State ex rel. Almore v. Criminal District Court, 433 So.2d 712 (1983).

Concurring Opinion

DIXON, C.J.,

concurs in the denial. The Department of Corrections has no standing to appeal a sentence.

MARCUS, J., concurs in the denial.

Reference

Full Case Name
STATE of Louisiana v. Kevin BUTLER
Status
Published