2003-KH-2474 Precedential Amended Processed

State Ex Rel. Hebert v. State

Louisiana Supreme Court · Filed October 1, 2004 · 883 So. 2d 1003

Also decided on this docket: La., October 1, 2004 883 So. 2d 1003

Cited by

State v. Decay 989 So. 2d 132 La. Ct. App. 5th Cir. 2008
State v. Sam 905 So. 2d 379 La. Ct. App. 5th Cir. 2005
State v. Gray 891 So. 2d 1260 La. 2005

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Wiggins 666 So. 2d 661
State Ex Rel. Meeks v. State 736 So. 2d 820
Avenal v. State 678 So. 2d 536

Opinion text

883 So.2d 1003 (2004) STATE ex rel. Edward J. HEBERT v. STATE of Louisiana. No. 2003-KH-2474. Supreme Court of Louisiana. October 1, 2004. 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.