State ex rel. Bienemy v. Whitley
Also decided on this docket: La., November 6, 1992 608 So. 2d 153
State ex rel. Bienemy v. Whitley, 605 So. 2d 1112 (La. 1992).
Cited by
- State v. Taylor 683 So. 2d 800 La. Ct. App. 1st Cir. 1996
- State v. Scott 634 So. 2d 881 La. Ct. App. 1st Cir. 1993
- State ex rel. Bienemy v. Whitley 608 So. 2d 153 La. 1992
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Lucas 598 So. 2d 338
Opinion text
In re Bienemy, Sidney; — Plamtiff(s); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “G”, No. 252-712. Denied. The sentence imposed in 1975 represented the mandatory minimum term *1113 of years for a multiple offender convicted of armed robbery and sentenced under La. R.S. 15:529.1. The district court has no discretion to impose a lesser term of years and the court’s correction of its sentence to reflect the requirement of law that the penalty run without benefit of parole, probation or suspension of sentence does not give rise to a presumption of vindictiveness under North Carolina v. Pearce, 395 U.S. 711 , 89 S.Ct. 2072 , 23 L.Ed.2d 656 (1969). Relator’s corrected sentence rests on an “ ‘on-the-record, wholly logical, non-vindictive reason_’” State v. Lucas, 598 So.2d 338 (La.1992) [quoting Texas v. McCullough, 475 U.S. 134, 140 , 106 S.Ct. 976, 980 , 89 L.Ed.2d 104 (1986)].