85-K-0429 Precedential Granted in part. Processed

State v. See

Louisiana Supreme Court · Filed April 19, 1985 · 467 So. 2d 525

Cited by

State of Louisiana v. Keith Kisack La. Ct. App. 4th Cir. 2022
State of Louisiana v. George McKinney, Jr. La. Ct. App. 3d Cir. 2022
State of Louisiana v. Trivual A. Charles La. Ct. App. 3d Cir. 2021
State of Louisiana v. Trivual A. Charles -Aka- Trivual Batiste -Aka- Trivual Charles La. Ct. App. 3d Cir. 2019
State v. Charles 270 So. 3d 859 La. Ct. App. 1st Cir. 2019
State v. Young 839 So. 2d 186 La. Ct. App. 4th Cir. 2003
State v. Holmes 701 So. 2d 752 La. Ct. App. 4th Cir. 1997
State v. Thomas 685 So. 2d 261 La. Ct. App. 5th Cir. 1996
State v. Pittman 683 So. 2d 748 La. Ct. App. 5th Cir. 1996
State v. Lee 668 So. 2d 420 La. Ct. App. 4th Cir. 1996
State v. Stack 659 So. 2d 853 La. Ct. App. 5th Cir. 1995
State v. Andry 636 So. 2d 1084 La. Ct. App. 5th Cir. 1994

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Authorities cited

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State v. Diggs 423 So. 2d 643

Opinion text

467 So.2d 525 (1985) STATE of Louisiana v. Jimmy Leroy SEE. No. 85-K-0429. Supreme Court of Louisiana. April 19, 1985. PER CURIAM. GRANTED IN PART. Relator's sentence for attempted second degree murder is illegal in that the court required the sentence to be served "without benefit of parole, probation, or suspension of sentence". See R.S. 14:27(D)(1); State v. Diggs, 423 So.2d 643 (La.1982). Because the trial court sentenced defendant to 40 years under the mistaken impression that the sentence had to be served without benefit of parole, it is appropriate to set aside the sentence and remand the case to the trial court for resentencing. Accordingly, the sentence for attempted second degree murder is set aside, and the case is remanded to the trial court for resentencing. Otherwise, the application is denied.