2003-KH-0870 Precedential Processed

State Ex Rel. Calvin v. State

Louisiana Supreme Court · Filed April 2, 2004 · 869 So. 2d 866

Also decided on this docket: La., April 2, 2004 869 So. 2d 866

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Opinion text

869 So.2d 866 (2004) STATE ex rel. Emanuel CALVIN v. STATE of Louisiana. No. 2003-KH-0870. Supreme Court of Louisiana. April 2, 2004. Writ granted in part; otherwise denied. Because the terms of the statutes under which relator was sentenced do not include a prohibition on parole, see R.S. 14:62; R.S. 14:60; R.S. 15:529.1, relator's sentence is amended to delete the prohibition. Relator's parole eligibility is to be determined by the Department of Corrections pursuant to R.S. 15:574.4. 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 ; cf. 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 all other respects, the application is denied as untimely. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La.9/5/95), 660 So.2d 1189 .