2009-KO-1743 Precedential Amended Processed

State v. Mincey

Louisiana Supreme Court · Filed April 5, 2010 · 32 So. 3d 219

Cited by

State v. 1330.00 in U.S. Currency 215 So. 3d 211 La. 2017
State of Louisiana v. $1330.00 in U.S. Currency (Reference: Robert Mincey) La. Ct. App. 3d Cir. 2015
State v. $1330.00 in U.S. Currency 180 So. 3d 513 La. Ct. App. 1st Cir. 2015
In Re Jordan 85 So. 3d 683 La. 2012
In re Maryland 69 So. 3d 416 La. 2011
State of Louisiana v. George Jameson Gray, III La. Ct. App. 3d Cir. 2011

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Wiggins 666 So. 2d 661
State v. Jackson 985 So. 2d 246

Opinion text

PER CURIAM. 1 Writ granted in part; otherwise denied. Defendant’s sentence is amended to delete the trial court’s prohibition on diminution of sentence pursuant to R.S. 15:571.3(C)(l)(c). While defendant is not eligible for diminution of sentence, the provisions of R.S. 15:571.3(C) “are directed to the Department of Corrections exclusively.” State ex rel. Simmons v. Stalder, 93-1852 (La.1/26/96), 666 So.2d 661 . The trial court acted beyond its authority in denying that eligibility. See State v. Jackson, 07-0975, p. 14 (La.App. 5th Cir.4/15/08), 985 So.2d 246, 254 . The district court is directed to make an entry in the minutes reflecting this change. In all other respects, the application is denied. 1 . Chief Justice Kimball not participating.