2021KW0912 Nonprecedential Writ granted Processed

State Of Louisiana v. Lazarious Dwayne Clayton

Louisiana Court of Appeal, First Circuit · Filed August 12, 2021

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Bruins 407 So. 2d 685
State v. McCurtis 769 So. 2d 150
State ex rel. Marts v. State 800 So. 2d 862

Opinion text

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0912

VERSUS

LAZARIOUS DWAYNE CLAYTON AUGUST 12, 2021

In Re: State of Louisiana, applying for supervisory writs,

19th Judicial District Court, Parish of East Baton
Rouge, No. 10- 11- 0195.

BEFORE: McDONALD, LANIER, AND WOLFE, JJ.

WRIT GRANTED. The district court erred in declaring the
defendant' s habitual offender sentence illegal. The conditions

imposed on the sentence are those called for in the reference

statute. State v. Bruins, 407 So. 2d 685, 687 ( La. 1981). The
applicable version of La. R. S. 14: 95. 1 provided that a person

found guilty of the offense " shall be imprisoned at hard labor
for not less than ten nor more than twenty years without the
benefit of probation, parole, or suspension of sentence." Hence,
the reference statute provided for the restriction of benefits
on the entirety of any sentence imposed. See State v. McCurtis,
33, 737 ( La. App. 2d Cir. 9/ 27/ 00), 769 So. 2d 150, 158, writ

granted in part and remanded, 2000- 3080 ( La. 11/ 2/ 01), 800 So. 2d
862. Accordingly, the defendant' s 22 - year habitual offender

sentence, as imposed, should be maintained.

JMM
WIL
EW

COURT OF APPEAL, FIRST CIRCUIT

DEPUT Z, LERK OF COURT
FOR THE COURT

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