State ex rel. Miller v. Butler

Supreme Court of Louisiana
State ex rel. Miller v. Butler, 566 So. 2d 383 (La. 1990)
1990 La. LEXIS 2131; 1990 WL 134325

State ex rel. Miller v. Butler

Opinion of the Court

In re Shirley G. Wimberly, Judge, applying for rehearing of action of this court dated 6/22/90, 564 So.2d 310, from the Criminal District Court, Parish of Orleans, Sec. I, No. 289-056.

The order of June 22, 1990 is supplemented as follows: The minutes show clearly that relator was resentenced as a multiple offender under the provisions of R.S. 15:529.1. While the length of the sentence remains the same, 50 years, at hard labor, resentencing under R.S. 15:529.1 has deprived relator of eligibility for good time *384credits and early release. La.R.S. 15:571.-3(C). To that extent, relator’s sentence has been enhanced in violation of his plea bargain with the state.

Reference

Full Case Name
STATE ex rel. George C. MILLER v. R. Hilton BUTLER, Warden
Cited By
1 case
Status
Published