95-KH-0731 Precedential Processed

State Ex Rel. Lewis v. State

Louisiana Supreme Court · Filed January 6, 1997 · 685 So. 2d 131

Also decided on this docket: La., February 26, 1999 739 So. 2d 200; La., November 14, 1997 703 So. 2d 1282; La., January 6, 1997 685 So. 2d 131

Cited by

State v. Lanieu 734 So. 2d 89 La. Ct. App. 1st Cir. 1999
Lewis v. State 739 So. 2d 200 La. 1999
State v. Francis 709 So. 2d 834 La. Ct. App. 1st Cir. 1998
State ex rel. Lewis v. State 703 So. 2d 1282 La. 1997

Authorities cited

Identified automatically; this list may not be exhaustive.

State ex rel. Martin v. State 679 So. 2d 414
Avenal v. State 678 So. 2d 536
State v. Boowell 406 So. 2d 213
State v. Wiggins 666 So. 2d 661

Opinion text

685 So.2d 131 (1997) STATE ex rel. Alvin LEWIS v. STATE of Louisiana. No. 95-KH-0731. Supreme Court of Louisiana. January 6, 1997. Writ granted in part, otherwise denied. Because the terms of the statutes under which relator was sentenced do not include a prohibition on parole for the entire term, see R.S. 14:62.2; R.S. 15:529.1, the district court is directed to resentence relator to a term which does not include such a prohibition. Except for the one-year restriction provided for in the underlying statute, relator's parole eligibility is to be determined by the Department of Corrections pursuant to R.S. 15:574.4. See State ex rel. Tucker v. Ward, 94-1850 (La. 9/20/96), 679 So.2d 414 ; St. Amant v. 19th JDC 94-0567 (La. 9/3/96), 678 So.2d 536 ; State v. Boowell, 406 So.2d 213, 216 (La.1981); cf. State ex rel. Simmons v. Stalder, 93-1852 (La. 1/26/96), 666 So.2d 661 . CALOGERO, C.J., not on panel.