2008-K-1192 Precedential Processed

State v. Prejean

Louisiana Supreme Court · Filed February 6, 2009 · 999 So. 2d 1135

Cited by

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State of Louisiana v. Ronald Watson and Stephen Watson La. Ct. App. 3d Cir. 2022
State of Louisiana v. Charles Ray Davis La. Ct. App. 3d Cir. 2020
State of Louisiana v. Michael A. Adler La. Ct. App. 3d Cir. 2013
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State v. Ellis 67 So. 3d 623 La. Ct. App. 1st Cir. 2011

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State v. Prejean 981 So. 2d 272

Opinion text

999 So.2d 1135 (2009) STATE of Louisiana v. Herbert Lee PREJEAN. No. 2008-K-1192. Supreme Court of Louisiana. February 6, 2009. PER CURIAM. Granted in part; denied in part. As part of its review for patent error, and pursuant to La.R.S. 15:537(A), the court of appeal amended defendant's sentence to deny him eligibility for diminution of sentence for good behavior. State v. Prejean, 07-1269, p. 1 (La.App. 3rd Cir.4/30/08), 981 So.2d 272, 274 . That part of the court of *1136 appeal's judgment is vacated and defendant's original sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence is reinstated. The provisions of La.R.S. 15:537(A), see also La.R.S. 15:571.3(B)(2)(b), do not form part of the sentence that La.R.S. 14:42(D)(1) requires the trial judge to impose but are directives to the Department of Corrections in computing an inmate's sentence and, in any event, govern only cases in which a defendant is convicted of one of the crimes specified " and is sentenced for a stated number of years or months (emphasis added)." In all other respects, the application is denied.