State ex rel. Turner v. State

Supreme Court of Louisiana April 12, 2001

State ex rel. Turner v. State, 788 So. 2d 1199 (La. 2001)

2001 La. LEXIS 1348

Opinion of the Court

In re Turner, Clifford;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 97-5936; to the Court of Appeal, Fifth Circuit, No. 00-KH-1123.

*1200Writ 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 prohibition on parole for the entire 15-year term to a prohibition for only five years. See State v. Gardner, 99-2040 (La.12/17/99), 750 So.2d 994; State v. Malone, 31,726, p. 4 (La.App. 2d Cir. 1/20/99), 728 So.2d 500, 503; State v. Hunter, 33,-066, p. 11 (La.App. 2d Cir. 9/27/00), 768 So.2d 687, 694. The district court is directed to make an entry in the minutes reflecting this change. In all other respects, the application is denied.

Reference

Full Case Name: STATE ex rel. Clifford TURNER v. STATE of Louisiana
Status: Published