91-KH-1996 Precedential Processed

State Ex Rel. Davis v. Waldron

Louisiana Supreme Court · Filed October 9, 1992 · 605 So. 2d 1109

Also decided on this docket: La., October 9, 1992 605 So. 2d 1109

Cited by

State ex rel. Holmes v. Criminal District Court, Section G 629 So. 2d 1165 La. 1993
State ex rel. Woods v. Reed 629 So. 2d 1156 La. 1993
State ex rel. Batiste v. Whitley 629 So. 2d 1157 La. 1993
State ex rel. McCormick v. Rader 629 So. 2d 1143 La. 1993
State ex rel. Washington v. Whitley 629 So. 2d 1144 La. 1993
State v. Stewart 629 So. 2d 1144 La. 1993
Voelker v. Miller 613 So. 2d 1143 La. Ct. App. 5th Cir. 1993
State v. Woods 609 So. 2d 247 La. 1992

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Bruins 407 So. 2d 685
State v. Lucas 598 So. 2d 338

Opinion text

605 So.2d 1109 (1992) STATE ex rel. Billy DAVIS v. Hon. Dennis J. WALDRON, Judge. No. 91-KH-1996. Supreme Court of Louisiana. October 9, 1992. Granted in part; denied in part. This case is remanded to the district court for correction of relator's sentence of 33 years at hard labor, the mandatory minimum penalty that any court could impose on a multiple offender convicted of armed robbery and sentenced under La.R.S. 15:529.1, to reflect that the sentence will run without benefit of parole. State v. Bruins, 407 So.2d 685 (La.1981). The requirement of law that relator serve his sentence without parole eligibility represents a "`wholly logical, non-vindictive reason ...,'" for correcting the sentence in this case. State v. Lucas, 598 So.2d 338 (La.1992) [quoting Texas v. McCullough, 475 U.S. 134, 140 , 106 S.Ct. 976, 980 , 89 L.Ed.2d 104 (1986)]." In all other respects the application is denied.