2007-KO-1208 Precedential Amended Processed

State v. Davis

Louisiana Supreme Court · Filed December 14, 2007 · 970 So. 2d 982

Cited by

State v. Diggins 126 So. 3d 770 La. Ct. App. 1st Cir. 2013
State of Louisiana v. Luke Matthew Bivens La. Ct. App. 3d Cir. 2011
State v. Bivens 74 So. 3d 782 La. Ct. App. 1st Cir. 2011
State v. Simmons 67 So. 3d 525 La. Ct. App. 1st Cir. 2011
State v. Decay 989 So. 2d 132 La. Ct. App. 5th Cir. 2008

Opinion text

970 So.2d 982 (2007) STATE of Louisiana v. Benyale DAVIS. No. 2007-KO-1208. Supreme Court of Louisiana. December 14, 2007. PER CURIAM. Granted. Although the trial court sought to conform defendant's sentence to the requirements of La.R.S. 15:529.1(G) by amending the sentence originally imposed to deny eligibility for probation or suspension of sentence on the entire term of imprisonment, the court went too far when it also eliminated parole eligibility on the entire term of imprisonment. La.R.S. 15:529.1(G) does not purport to restrict parole eligibility on any habitual offender sentence, and the underlying offense of conviction, possession of cocaine with intent to distribute, subjects the offender to a sentence imposed without benefit of suspension of sentence, probation, and parole, *983 only on the mandatory minimum term of imprisonment of two years at hard labor. La.R.S. 40:967(B)(4)(b). Accordingly, defendant's sentence is amended to provide that he serve 30 years imprisonment at hard labor without benefit of probation or suspension of sentence, and without benefit of parole on the first two years of the sentence. In all other respects, the application is denied.