State ex rel. Lewis v. State

Supreme Court of Louisiana
State ex rel. Lewis v. State, 685 So. 2d 131 (La. 1997)
1997 La. LEXIS 21
Calogero

State ex rel. Lewis v. State

Opinion of the Court

In re Lewis, Alvin; — Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. “J”, No. 270-218.

Writ granted in part, otherwise denied. Because the terms of the statutes under which relator was sentenced do not include a prohibition on parole for the entire term, see R.S. 14:62.2; R.S. 15:529.1, the district court is directed to resentence 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 State ex rel. Tucker v. Ward, 94-1850 (La. 9/20/96), 679 So.2d 414; St. Amant v. 19th JDC 94-0567 (La. 9/3/96), 678 So.2d 536; State v. Booivell, 406 So.2d 213, 216 (La. 1981); cf. State ex rel. Simmons v. Stalder, 93-1852 (La. 1/26/96), 666 So.2d 661.

CALOGERO, C.J., not on panel.

Reference

Full Case Name
STATE ex rel. Alvin LEWIS v. STATE of Louisiana
Status
Published