No. 98-KH-0226 Precedential Processed

State ex rel. Jones v. State

Louisiana Supreme Court · Filed June 19, 1998 · 720 So. 2d 1209

Also decided on this docket: La., February 12, 1999 738 So. 2d 19

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Opinion text

In re Jones, Nathaniel;—Plaintiffs); applying for supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. “D”, No. 379-888; to the Court of Appeal, Fourth Circuit, No. 97KW-2690. Writ granted in part; otherwise denied. Because the terms of the statute under which relator was sentenced do not include a prohibition on parole, see R.S. 14:62, the district court is directed to resentence relator to a term which does not include such a prohibition. Relator’s parole eligibility is to be determined by the Department of Corrections pursuant to R.S. 15:574.4. St. Amant v. 19th J.D.C., 94-0567 (La.9/3/96), 678 So.2d 536 ; cf. *1210 State ex rel. Simmons v. Stalder, 93-1852 (La.1/26/96), 666 So.2d 661 . CALOGERO, C.J., not on panel.