State v. Narcisse

Supreme Court of Louisiana
State v. Narcisse, 714 So. 2d 698 (La. 1998)
1998 WL 378339
Per Curiam

State v. Narcisse

Opinion

714 So.2d 698 (1998)

STATE of Louisiana
v.
Raymond NARCISSE.

No. 97-K-3161.

Supreme Court of Louisiana.

June 26, 1998.

*699 PER CURIAM.[*]

Granted. Relator's sentence is vacated and this case is remanded to the district court for resentencing.

A trial court may not require restitution to the victim "unless the imposition or execution of sentencing is suspended." State v. Clark, 93-1470 (La.App. 3 Cir. 1994), 643 So.2d 463, 467, writ denied, 94-2715 (La.2/9/95), 649 So.2d 418; State v. Matthews, 572 So.2d 250, 254 (La.App. 1 Cir. 1990), writ denied, 575 So.2d 387 (La. 1991). In addition, a trial judge lacks authority under La.R.S. 15:573.1(C) to deny a defendant eligibility for good time credits against his sentence, because that statute is "directed to the Department of Corrections exclusively." State ex rel. Simmons v. Stalder, 93-1852 (La.1/26/96), 666 So.2d 661. Moreover, even the Department of Corrections lacks that authority under La.R.S. 15:571.3(C) in a case in which the trial court has not formally adjudicated and sentenced the defendant as a multiple offender under the provisions of La. R.S. 15:529.1. When the sentencing court is of the opinion that a denial of diminution of sentence is warranted under the specific circumstances of the case, the trial judge's discretion should be exercised under La.C.Cr.P. 890.1(B).

NOTES

[*] Victory, J., not on panel. Rule IV, part 2, § 3.

Reference

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37 cases
Status
Published