No. 85-K-2259 Precedential Processed

State v. Collatt

Louisiana Supreme Court · Filed November 24, 1986 · 497 So. 2d 1001

Also decided on this docket: La., July 1, 1986 491 So. 2d 12

Cited by

Guilbeau v. Liberty Mut. Fire Ins. Co. 269 So. 3d 1002 La. Ct. App. 1st Cir. 2019
Keith Antoine v. Liberty Mutual Fire Insurance Company La. Ct. App. 3d Cir. 2019
Molina v. City of New Orleans 830 So. 2d 994 La. Ct. App. 4th Cir. 2002
Menard v. City of Lafayette 786 So. 2d 354 La. Ct. App. 3d Cir. 2001
Truelove v. Bissic 754 So. 2d 377 La. Ct. App. 1st Cir. 2000
Lamaire v. Motor Convoy, Inc. 625 So. 2d 638 La. Ct. App. 3d Cir. 1993
Theriot v. Lasseigne 624 So. 2d 1267 La. Ct. App. 3d Cir. 1993
Moore v. Chrysler Corp. 596 So. 2d 225 La. Ct. App. 2d Cir. 1992
State v. King 563 So. 2d 449 La. Ct. App. 1st Cir. 1990
Jones v. Gateway Realty, Inc. 550 So. 2d 388 La. Ct. App. 3d Cir. 1989
Dill v. DEPT. OF TRANSP. & DEV. 522 So. 2d 1288 La. Ct. App. 5th Cir. 1988
Adamson v. City of Lafayette 521 So. 2d 1258 La. Ct. App. 3d Cir. 1988

all 13 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Allen 496 So. 2d 301
State v. Jackson 480 So. 2d 263

Opinion text

PER CURIAM. We granted certiorari and consolidated this case for argument with State v. Allen, 496 So.2d 301 (La.1986), under the mistaken impression that both cases presented the same issue of whether La.C.Cr.P. Art. 893.1’s prohibition of eligibility for parole applies only to the minimum sentence mandated by the article or may be imposed on the entire sentence selected by the trial judge within the range of his sentencing discretion. 1 We have since determined that the issue is not present in this case, since the trial judge did not prohibit eligibility for parole on that portion of the sentence in excess of the mandatory minimum. The trial judge did sentence defendant to an additional two years at hard labor, without benefit of parole, on each count under La.R.S. 14:95.2. Since defendant was not charged with violation of La.R.S. 14:95.2, the additional sentence on each count must be vacated. State v. Jackson, 480 So.2d 263 (La.1985). Otherwise, we recall the writ as improvidently granted. . This issue was not reached in the Allen decision and remains an open question.