From Casetext: Smarter Legal Research

State ex Rel. Porter v. State

Supreme Court of Louisiana
Nov 28, 2005
916 So. 2d 123 (La. 2005)

Opinion

No. 2004-KH-2080.

November 28, 2005.


In re Porter, Donald Roche; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 01-0327; to the Court of Appeal, Fifth Circuit, No. 04-KH-816.

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. 14:68.4, 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. State ex rel. Simmons v. Stalder, 93-1852 (La. 1/26/96), 666 So.2d 661.


Summaries of

State ex Rel. Porter v. State

Supreme Court of Louisiana
Nov 28, 2005
916 So. 2d 123 (La. 2005)
Case details for

State ex Rel. Porter v. State

Case Details

Full title:STATE ex rel. Donald Roche PORTER v. STATE of Louisiana

Court:Supreme Court of Louisiana

Date published: Nov 28, 2005

Citations

916 So. 2d 123 (La. 2005)

Citing Cases

State v. Zeigler

According to La. R.S. 15:529.1(G), all sentences imposed under this provision must be imposed without benefit…

State v. Henry

Although La.R.S. 15:574.4(A)(1) states that "[a] person convicted of a third or subsequent felony offense…