83-KH-0806 Precedential Processed

State Ex Rel. Pierre v. Maggio

Louisiana Supreme Court · Filed January 27, 1984 · 445 So. 2d 425

Cited by

State of Louisiana v. Russell Lippman La. Ct. App. 3d Cir. 2010
State v. Lippman 38 So. 3d 1265 La. Ct. App. 1st Cir. 2010
Williams v. Cooper 945 So. 2d 48 La. Ct. App. 4th Cir. 2006
State of Louisiana v. Warren Fuselier La. Ct. App. 3d Cir. 2004
State v. Fuselier 885 So. 2d 678 La. Ct. App. 1st Cir. 2004
State v. Davis 834 So. 2d 1170 La. Ct. App. 1st Cir. 2002
State v. Daniel 811 So. 2d 84 La. Ct. App. 1st Cir. 2002
State v. Course 809 So. 2d 488 La. Ct. App. 1st Cir. 2002
State v. Albercht 809 So. 2d 472 La. Ct. App. 4th Cir. 2002
State v. Williams 800 So. 2d 790 La. 2001
Blair v. Stalder 798 So. 2d 132 La. Ct. App. 1st Cir. 2001
State v. Boles 750 So. 2d 1059 La. Ct. App. 5th Cir. 1999

all 21 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

State Ex Rel. Almore v. CRIMINAL DIST CT. PARISH OF ORLEANS 433 So. 2d 712

Opinion text

445 So.2d 425 (1984) STATE of Louisiana ex rel., Terry James PIERRE v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary. No. 83-KH-0806. Supreme Court of Louisiana. January 27, 1984. *426 On Application for Writs Granted. Relator's sentence, thirty-three years at hard labor, was not imposed without benefit of parole, probation or suspension of sentence; whereas the Department of Corrections records reflect parole ineligibility. The determination of the sentence a defendant is to serve, and what, if any, conditions are to be imposed on that sentence, is made by the trial judge, not the defendant's custodian. The custodian's obligation is to see that the sentence imposed is the sentence served. The State of Louisiana in the person of the prosecutor was party to the proceedings in which this sentence was imposed. The prosecutor has not objected and has not sought to have the sentence set aside. Accordingly, the Department of Corrections is ordered to correct their records to show that relator's sentence is to be served as imposed by the trial judge, without the restriction of parole ineligibility. See State v. Almore, 433 So.2d 712 (La.1983). MARCUS and BLANCHE, JJ., concur: It is the prosecutor's duty to have a sentence set aside if it is not in accordance with the statute. The Department's duty is to comply with the sentence of the trial judge as rendered.