Supreme Court of Louisiana, 1998

State v. Nabors

State v. Nabors
Supreme Court of Louisiana · Decided March 20, 1998 · Grant, Johnson, Kimball, Lemmon, Reasons
715 So. 2d 1200; 1998 La. LEXIS 833; 1998 WL 288264 (Southern Reporter, Second Series)

State v. Nabors

Opinion of the Court

In re Nabors, Christopher; — Defendants); applying for writ of certiorari and/or review; Parish of Orleans, Criminal District Court, Div. “F”, No. 375-409; to the Court of Appeal, Fourth Circuit, No. 96KA-1427.

Denied.

Dissenting Opinion

LEMMON, J.,

votes to grant. The statutory penalty is two to fifteen years at hard labor, “at least two without benefit of probation, parole, or suspension of sentence.” While the trial judge is authorized to impose a sentence in excess of two years, there is no express authority to withhold parole eligibility beyond two years.

KIMBALL, J., votes to grant for reasons assigned by LEMMON, J. JOHNSON, J., not on panel.

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