State Of Louisiana v. Terrence King

Supreme Court of Louisiana
May 11, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
TERRENCE
KING
No. 2021-KK-00172
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_ _ _ _
I
N RE: Terrence King - Applicant Defendant; Applying For Supervisory Writ,
Parish of Jefferson, 24th Judicial District Court Number(s) 98- 5390, Court of
Appeal, Fifth Circuit, Number(s) 20-KH-190;
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May 11, 2021
Writ application granted. See per curiam.
Weimer, C.J., additionally concurs and assigns reasons.
Crichton, J., would grant and docket and assigns reasons.
Crain, J., dissents and assigns reasons.
McCallum, J., would grant and docket for reasons assigned by Justice Crichton.
JDH
JLW
JTG
PDG
05/11/2021 "See News Release 019 for any Concurrences and/or Dissents."

05/11/21
S
UPREME COURT OF LOUISIANA
N
o. 2021-KK-000172
S
TATE OF LOUISIANA
v
ersus
T
ERRENCE KING
O
N SUPERVISORY WRIT TO THE TWENTY-FOURTH JUDICIAL
DISTRICT COURT, PARISH OF JEFFERSON
P
ER CURIAM:
T
he State concedes that the consecutive sentences imposed on defendant violate
the Eighth Amendment and Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011, 176
L.Ed.2d 825 (2010). The State further concedes that the remedy is to resentence
defendant to concurrent terms of imprisonment. Under the unusual circumstances
presented here, we reverse the district court’s ruling and we remand to the district court
with instructions to resentence defendant to four concurrent 20- year terms of
imprisonment at hard labor with parole eligibility, in accordance with the joint remedy
proposed by the State and accepted by the defendant.
REVERSED AND REMANDED