No. 89-K-2933
Precedential
Processed
State v. Westmoreland
State v. Westmoreland, 559 So. 2d 479 (La. 1990).
Cited by
- Townley v. DEPARTMENT OF PUBLIC SAFETY & CORR. 681 So. 2d 951 La. 1996
- State v. Barnes 590 So. 2d 1298 La. Ct. App. 1st Cir. 1991
- State v. Shepherd 566 So. 2d 1127 La. Ct. App. 2d Cir. 1990
Opinion text
MARCUS and COLE, JJ., dissent. La. R.S. 15:574.4(A)(1) provides that: “A person convicted of a third or subsequent felony and committed to the Department of Public Safety and Corrections shall not be eligible for parole”. While defendant is only a second felony offender under the habitual offender law in La.R.S. 15:529.1, for the purposes of La.R.S. 15:474.4(A)(1) he should be considered a third felony offender as the statute clearly provides.