State ex rel. Lewis v. State
Also decided on this docket: La., February 26, 1999 739 So. 2d 200; La., November 14, 1997 703 So. 2d 1282; La., January 6, 1997 685 So. 2d 131
State ex rel. Lewis v. State, 685 So. 2d 131 (La. 1997).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State ex rel. Martin v. State 679 So. 2d 414
- Avenal v. State 678 So. 2d 536
- State v. Boowell 406 So. 2d 213
- State v. Wiggins 666 So. 2d 661
Opinion text
In re Lewis, Alvin; — Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. “J”, No. 270-218. Writ granted in part, otherwise denied. Because the terms of the statutes under which relator was sentenced do not include a prohibition on parole for the entire term, see R.S. 14:62.2; R.S. 15:529.1, the district court is directed to resentence relator to a term which does not include such a prohibition. Except for the one-year restriction provided for in the underlying statute, relator’s parole eligibility is to be determined by the Department of Corrections pursuant to R.S. 15:574.4. See State ex rel. Tucker v. Ward, 94-1850 (La. 9/20/96), 679 So.2d 414 ; St. Amant v. 19th JDC 94-0567 (La. 9/3/96), 678 So.2d 536 ; State v. Booivell, 406 So.2d 213, 216 (La.1981); cf. State ex rel. Simmons v. Stalder, 93-1852 (La. 1/26/96), 666 So.2d 661 . CALOGERO, C.J., not on panel.