State ex rel. Tucker v. Ward

Supreme Court of Louisiana
State ex rel. Tucker v. Ward, 679 So. 2d 414 (La. 1996)
1996 La. LEXIS 2419; 1996 WL 537039
Kimball

State ex rel. Tucker v. Ward

Opinion of the Court

In re Tucker, Bruce; — Plaintiffs); applying for supervisory and/or remedial writs; *415Parish of Webster, 26th Judicial District Court, Div. “C”, No. 55,457; to the Court of Appeal, Second Circuit, No. 26635t-KH.

Writ granted in part, otherwise denied. Because the terms of the statute under which relator was sentenced do not include a prohibition on parole for the entire term, see R.S. 14:62.2 the district court is directed to resen-tence relator to a term which does not include such a prohibition. Except for the one-year restriction provided for in the underlying statute, relator’s parole eligibility is to be determined by the Department of Corrections pursuant to R.S. 15:574.4. See St. Amant v. 19th JDC, 94-0567 (La. 9/3/96) 678 So.2d 536; State v. Bell, 543 So.2d 965, 970 (La.App. 4th Cir. 1989).

KIMBALL, J., not on panel.

Reference

Full Case Name
STATE ex rel. Bruce TUCKER v. Kelly WARD, Warden
Cited By
3 cases
Status
Published