97-K-3161 Precedential Processed

State v. Narcisse

Louisiana Supreme Court · Filed June 26, 1998 · 714 So. 2d 698

Cited by

State of Louisiana v. Larry J. Cooper, Jr. La. Ct. App. 3d Cir. 2024
State of Louisiana v. Exzavian Burnette La. Ct. App. 3d Cir. 2024
State of Louisiana v. James Sanford Snider La. Ct. App. 3d Cir. 2023
State of Louisiana v. Kendarius Dewayne Sewell A/K/A Kendarius Sewell La. Ct. App. 3d Cir. 2023
State of Louisiana v. Damon Broussard La. Ct. App. 3d Cir. 2022
State of Louisiana v. David Paul Monceaux La. Ct. App. 3d Cir. 2022
State of Louisiana v. Phillip Jarratt La. Ct. App. 2d Cir. 2020
State of Louisiana v. Dalton Bryce Lowe La. Ct. App. 3d Cir. 2020
State of Louisiana v. Randall Paul Burton La. Ct. App. 3d Cir. 2019
State of Louisiana v. John Drummer, Jr. La. Ct. App. 3d Cir. 2018
State v. Drummer 245 So. 3d 93 La. Ct. App. 1st Cir. 2018
State of Louisiana v. James Toups La. Ct. App. 3d Cir. 2017

all 64 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Clark 643 So. 2d 463
State v. Johnson 649 So. 2d 418
State v. Matthews 572 So. 2d 250
State v. Matthews 575 So. 2d 387
State v. Wiggins 666 So. 2d 661

Opinion text

714 So.2d 698 (1998) STATE of Louisiana v. Raymond NARCISSE. No. 97-K-3161. Supreme Court of Louisiana. June 26, 1998. *699 PER CURIAM. [*] Granted. Relator's sentence is vacated and this case is remanded to the district court for resentencing. A trial court may not require restitution to the victim "unless the imposition or execution of sentencing is suspended." State v. Clark, 93-1470 (La.App. 3 Cir.1994), 643 So.2d 463, 467 , writ denied, 94-2715 (La.2/9/95), 649 So.2d 418 ; State v. Matthews, 572 So.2d 250, 254 (La.App. 1 Cir. 1990), writ denied, 575 So.2d 387 (La.1991). In addition, a trial judge lacks authority under La.R.S. 15:573.1(C) to deny a defendant eligibility for good time credits against his sentence, because that statute is "directed to the Department of Corrections exclusively." State ex rel. Simmons v. Stalder, 93-1852 (La.1/26/96), 666 So.2d 661 . Moreover, even the Department of Corrections lacks that authority under La.R.S. 15:571.3(C) in a case in which the trial court has not formally adjudicated and sentenced the defendant as a multiple offender under the provisions of La. R.S. 15:529.1. When the sentencing court is of the opinion that a denial of diminution of sentence is warranted under the specific circumstances of the case, the trial judge's discretion should be exercised under La.C.Cr.P. 890.1(B). NOTES [*] Victory, J., not on panel. Rule IV, part 2, § 3.