No. 59144 Precedential Processed

State v. Anthony

Louisiana Supreme Court · Filed May 25, 1977 · 346 So. 2d 707

Cited by

State v. Matthieu 527 So. 2d 530 La. Ct. App. 1st Cir. 1988

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Williams 338 So. 2d 672

Opinion text

PER CURIAM. The sentence imposed upon the defendant in the instant case, life imprisonment without benefit of pardon, probation or parole for twenty years, is improper. Gubernatorial pardon or commutation, constitutionally permitted, may not be precluded by the terms of an imposed sentence. La.Const. Art. 4, § 5 (1974); State v. Williams, 338 So.2d 672 (La.1976). Defendant’s conviction is affirmed, but his sentence is vacated and set aside and the case is remanded for resentencing in accordance with the foregoing.