State ex rel. Hebert v. State

Supreme Court of Louisiana
State ex rel. Hebert v. State, 883 So. 2d 1003 (La. 2004)
2004 La. LEXIS 2698

State ex rel. Hebert v. State

Opinion of the Court

In re Hebert, Edward J.; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Lafayette, 15th Judicial District Court Div. E, No. 79770; to the Court of Appeal, Third Circuit, No. KH 03-00296.

Writ granted in part; otherwise denied. Because the terms of the statutes under which relator was sentenced do not include a prohibition on diminution of sentence pursuant to R.S. 15:571.3, see R.S. 14:31, relator’s sentence is amended to delete the prohibition. Relator’s eligibility is to be determined by the Department of Corrections pursuant to R.S. 15:571.3. State ex rel. Simmons v. Stalder, 93-1852 (La.1/26/96), 666 So.2d 661; cf. State ex rel. Meeks v. State, 98-1930 (La.1/29/99), 736 So.2d 820; St. Amant v. 19th J.D.C., 94-0567 (La.9/3/96), 678 So.2d 536. The district court is directed to make an entry in the minutes reflecting this change. In all other respects, the writ is denied.

Reference

Full Case Name
STATE ex rel. Edward J. HEBERT v. STATE of Louisiana
Status
Published