82-KA-0525 Precedential Vacated and. Processed

State v. Diggs

Louisiana Supreme Court · Filed October 20, 1982 · 423 So. 2d 643

Cited by

State v. Blackmon 748 So. 2d 50 La. Ct. App. 3d Cir. 1999
State v. Andry 636 So. 2d 1084 La. Ct. App. 5th Cir. 1994
State v. Jackson 570 So. 2d 227 La. Ct. App. 5th Cir. 1990
Martinez v. Louisiana Department of Wild Life & Fisheries ex rel. Guidry 514 So. 2d 140 La. Ct. App. 1st Cir. 1987
State v. Monroe 508 So. 2d 910 La. Ct. App. 4th Cir. 1987
State v. Carmouche 499 So. 2d 1227 La. Ct. App. 1st Cir. 1986
State v. See 467 So. 2d 525 La. 1985

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Welch 368 So. 2d 965

Opinion text

423 So.2d 643 (1982) STATE of Louisiana v. William DIGGS, Jr. No. 82-KA-0525. Supreme Court of Louisiana. October 20, 1982. William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., Ronald Loumiet, William C. Credo, Asst. Dist. Attys., for plaintiff-appellee. Martha E. Sassone, Indigent Defender Bd., Gretna, for defendant-appellant. PER CURIAM. Defendant William Diggs was charged by bill of indictment with attempted aggravated rape, in violation of La.R.S. 14:27 and 14:42. Tried before a twelve-member jury on December 1-2, 1980, defendant was convicted and subsequently sentenced to forty years' imprisonment at hard labor. The defendant now appeals his conviction and sentence to this Court, relying on the lone assignment of error filed below. We have reviewed defendant's argument concerning alleged trial error and find it to lack substance; for this reason, defendant's conviction is affirmed. We note, however, an error in the trial court's imposition of a prison term without parole eligibility and, accordingly, vacate the defendant's sentence. La.C.Cr.P. Art. 920(2). As prescribed by La.R.S. 14:27(D)(1), the penalty for attempted aggravated rape is punishment at hard labor for not more than fifty years. See, La.R.S. 14:42. Because the statute does not prescribe ineligibility for parole, probation or suspension of sentence, the trial court could not lawfully so qualify defendant's sentence. See, State v. Welch, 368 So.2d 965 (La.1979). CONVICTION AFFIRMED; SENTENCE VACATED AND CASE REMANDED.