State v. Lemons
State v. Lemons, 760 So. 2d 1152 (La. 2000).
Cited by
- State of Louisiana v. Carey Louis Hood La. Ct. App. 3d Cir. 2006
- State v. Hood 943 So. 2d 1277 La. Ct. App. 3d Cir. 2006
- In Re Riehlmann 891 So. 2d 1239 La. 2005
- In re Zohdy 892 So. 2d 1277 La. 2005
- In Re Bordelon 894 So. 2d 315 La. 2005
- In Re Comish 889 So. 2d 236 La. 2004
- In re Levith 884 So. 2d 1197 La. 2004
- In Re Lawrence 884 So. 2d 561 La. 2004
- In re Laiche 885 So. 2d 524 La. 2004
- In Re LeBlanc 884 So. 2d 552 La. 2004
- In Re Hoffman 883 So. 2d 425 La. 2004
- In Re Stamps 874 So. 2d 113 La. 2004
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Wiggins 666 So. 2d 661
- State v. Lynch 441 So. 2d 732
- State v. Godejohn 425 So. 2d 750
Opinion text
760 So.2d 1152 (2000) STATE of Louisiana v. Edward Lee LEMONS. No. 1999-KH-2158. Supreme Court of Louisiana. April 20, 2000. PER CURIAM: [*] Relator was convicted of distribution of cocaine. The trial court sentenced relator as a habitual offender to twenty years imprisonment at hard labor without benefit of parole, probation or suspension of sentence. Writ granted in part; otherwise denied. Relator's post-conviction application asserts, among other things, that his sentence was illegal and that it ordered him to serve his term of imprisonment without eligibility for diminution of sentence for good behavior. There is no general statutory authority giving district judges the discretion to prohibit diminution of sentence for good behavior under La.Rev. Stat. 15:573. Moreover, none of the statutory exceptions which allows district courts to prohibit good time, such as La. Code Crim.Proc. art. 890.1 B, are applicable to the crime for which relator was convicted. Accordingly, relator's sentence is corrected to delete that prohibition. State ex rel. Simmons v. Stalder, 93-1852 (La.1/26/96), 666 So.2d 661 . The district court is directed to make an entry in the minutes reflecting this change. In addition, the district court is directed to correct the minute entry for relator's sentence to delete the prohibition on parole eligibility, in conformance with the applicable statutes, La.Rev.Stat. 40:967 B(1), La.Rev.Stat. 15:529.1 G, and in conformance with the sentence as reflected in the transcript of sentencing. State v. Lynch, 441 So.2d 732, 734 (La.1983); State v. Godejohn, 425 So.2d 750 , 751 n. (La.1983). In all other respects, the application is denied. NOTES [*] Marcus, J., not on panel. See La. S.Ct. Rule IV, Part II, § 3.