Supreme Court of Louisiana, 1999

State v. Gardner

State v. Gardner
Supreme Court of Louisiana · Decided December 17, 1999 · Lemmon
750 So. 2d 994; 1999 La. LEXIS 3475 (Southern Reporter, Second Series)

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.

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