Supreme Court of Louisiana, 2015

State ex rel. Doming v. State

State ex rel. Doming v. State
Supreme Court of Louisiana · Decided March 27, 2015
161 So. 3d 646; 2015 La. LEXIS 730; 2015 WL 1607939 (Southern Reporter, Third Series)
State ex rel. Doming v. State

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Opinion of the Court

In re Doming, Dennis; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. H, No. 10-2138; to the Court of Appeal, Fifth Circuit, No. 14-KH-328.

*647Writ granted in part; otherwise denied. Because the terms of the statute under which relator was sentenced do not include a prohibition on parole, see R.S. 14:100; R.S. 15:529.1, the district court is directed to resentence relator to a term which does not include such a prohibition. Relator’s parole eligibility is to be determined by the Department of Corrections pursuant to R.S. 15:574.4. St. Amant v. 19th J.D.C., 94-0567 (La.9/3/96), 678 So.2d 536; cf. State ex rel. Simmons v. Stalder, 93-1852 (La.1/26/96), 666 So.2d 661.

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