State v. Gardner

Supreme Court of Louisiana
State v. Gardner, 750 So. 2d 994 (La. 1999)
1999 La. LEXIS 3475
Lemmon

State v. Gardner

Opinion of the Court

In re Gardner, Wesley; — Defendant; Applying for Supervisory and/or Remedial Writ, Parish of Lafourche, 17th Judicial District Court Div. C, Nos. 310324; to the Court of Appeal, First Circuit, No. 98 KA 1632.

Writ granted in part; otherwise denied. Because R.S. 40:967(B)(4)(b) allows and requires a prohibition on parole only for “the first five years” of the sentence, relator’s sentence is amended to change the *995prohibition on parole for the entire 15-year term to a prohibition for only five years. See State v. Malone, 31,726, p. 4 (La.App.2d Cir. 1/20/99), 728 So.2d 500. The district court is directed to make an entry in the minutes reflecting this change. In all other respects,the application is denied.

LEMMON, J., not on panel.

Reference

Full Case Name
STATE of Louisiana v. Wesley GARDNER
Status
Published