No. 88-KH-3023 Precedential Processed

State ex rel. Miller v. Butler

Louisiana Supreme Court · Filed September 14, 1990 · 566 So. 2d 383

Also decided on this docket: La., June 21, 1991 581 So. 2d 700; La., June 22, 1990 564 So. 2d 310

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

In re Shirley G. Wimberly, Judge, applying for rehearing of action of this court dated 6/22/90, 564 So.2d 310 , from the Criminal District Court, Parish of Orleans, Sec. I, No. 289-056. The order of June 22, 1990 is supplemented as follows: The minutes show clearly that relator was resentenced as a multiple offender under the provisions of R.S. 15:529.1. While the length of the sentence remains the same, 50 years, at hard labor, resentencing under R.S. 15:529.1 has deprived relator of eligibility for good time *384 credits and early release. La.R.S. 15:571.-3(C). To that extent, relator’s sentence has been enhanced in violation of his plea bargain with the state.