No. 89-KH-0480 Precedential Granted Processed

State ex rel. Mayberry v. Stalder

Louisiana Supreme Court · Filed September 28, 1990 · 566 So. 2d 965

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Shows 488 So. 2d 992
State v. East 491 So. 2d 14

Opinion text

In re Mayberry, Oliver R.; — Plaintiffs); applying for supervisory and/or remedial writs; Parish of St. Landry, 27th Judicial District Court, Div. “B”, No. 37095; to the Court of Appeal, Third Circuit, No. KW88-0652. GRANTED. The sentence imposed in 37,905 is amended to delete the restriction providing that “the imposition of this sentence under 893.1 shall not be suspended and the defendant shall not be eligible for probation or parole.” When the state has not requested the enhancement, a trial court may not sentence the defendant under La.C.Cr.P. art. 893.1. See State v. Shows, 488 So.2d 992 (La.1986); see also, State v. East, 491 So.2d 14 (La.1986).