Supreme Court of Louisiana, 1992

State ex rel. Dright v. State

State ex rel. Dright v. State
Supreme Court of Louisiana · Decided October 9, 1992
605 So. 2d 1106; 1992 La. LEXIS 3001; 1992 WL 278370 (Southern Reporter, Second Series)

State ex rel. Dright v. State

Opinion of the Court

In re Dright, Raymond; — Plaintiff(s); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “C”, No. 254-672.

Granted. This case is remanded to the district court for correction of relator’s sentence of 33 years at hard labor, the mandatory minimum penalty that any court could impose on a multiple offender convicted of *1107armed robbery and sentences under the provisions of La.R.S. 15:529.1, to reflect that the sentence will run without benefit of parole. State v. Bruins 407 So.2d 685 (La. 1981). The requirement of law that relator serve his sentence without parole eligibility constitutes a “ ‘wholly logical, non-vindictive reason ... for correcting the sentence in this case. State v. Lucas, 598 So.2d 338 (La. 1992) [quoting Texas v. McCullough, 475 U.S. 134, 140, 106 S.Ct. 976, 980, 89 L.Ed.2d 104 (1986)].”

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