State v. Decrevel
State v. Decrevel, 847 So. 2d 1197 (La. 2003).
Cited by
- State v. Gillum 165 So. 3d 924 La. Ct. App. 1st Cir. 2014
- State v. Thomas 54 So. 3d 678 La. Ct. App. 5th Cir. 2010
- State v. Hearn 30 So. 3d 873 La. Ct. App. 1st Cir. 2009
- State v. Turner 13 So. 3d 695 La. Ct. App. 1st Cir. 2009
- State v. Price 996 So. 2d 343 La. Ct. App. 2d Cir. 2008
- State v. Presson 986 So. 2d 843 La. Ct. App. 2d Cir. 2008
- State v. Coker 973 So. 2d 896 La. Ct. App. 2d Cir. 2007
- State v. Sermons 953 So. 2d 958 La. Ct. App. 2d Cir. 2007
- State v. Payne 945 So. 2d 749 La. Ct. App. 5th Cir. 2006
- State v. Ellington 889 So. 2d 1146 La. Ct. App. 5th Cir. 2004
- State v. Volgamore 865 So. 2d 237 La. Ct. App. 2d Cir. 2004
- State of Louisiana v. David Wayne Wilturner La. Ct. App. 3d Cir. 2003
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Williams 800 So. 2d 790
- State v. Clemons 811 So. 2d 1047
- State v. Phillips 834 So. 2d 972
- State v. Mayeux 820 So. 2d 526
Opinion text
847 So.2d 1197 (2003) STATE of Louisiana v. John R. DECREVEL. No. 2003-K-0259. Supreme Court of Louisiana. May 16, 2003. PER CURIAM. Granted in part. The court of appeal had the authority on its own motion to correct the sentence imposed by directing the court to add the mandatory fine of $5000 required by R.S. 14:98(E)(1)(a). See State v. Williams, 00-1725 (La.11/29/01), 800 So.2d 790 ; see also State v. Clemons, 01-1032 (La.App. 5th Cir.2/26/02), 811 So.2d 1047 , writ denied 02-0866 (La.11/22/02), 834 So.2d 972 . However, the court of appeal erred in further directing the trial court to require that all of the 12-year term of imprisonment at hard labor must run without benefit of parole, probation, or suspension of sentence. Because the defendant entered his guilty plea to fourth offense D.W.I. after the effective date of 2001 La. Acts 1163 , he is entitled to the benefit of the ameliorative changes in *1198 the law with respect to sentencing under R.S. 14:98(E)(1), including suspension of all but 60 days of the sentence imposed. See State v. Mayeux, 01-3195 (La.6/21/02), 820 So.2d 526 . The defendant's sentence is therefore vacated, and this case is remanded to the trial court for resentencing in accord with the applicable law. CALOGERO, C.J., concurs in part and dissents in part for the reasons assigned by Justice WEIMER. JOHNSON, J., dissents. WEIMER, J., concurs in part and dissents in part and assigns reasons. WEIMER, J., concurring in part and dissenting in part. Although I agree the defendant is entitled to the benefit of the ameliorative changes in the law with respect to sentencing under LSA-R.S. 14:98(E)(1), [1] I would grant the writ regarding whether the court of appeal can correct the fine imposed where the State has not raised that issue on appeal. See State v. Phillips, 02-0866, 02-0918 (La.11/22/02), 834 So.2d 972 , Chief Justice Calogero dissenting from the denial of the writ, voting to grant the writ and assigning reasons. NOTES [1] See State v. Mayeux, 01-3195 (La.6/21/02), 820 So.2d 526 .