Opinion
No. 94-KH-1850
September 20, 1996
IN RE: Tucker, Bruce; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Webster 26th Judicial District Court Div. "C" Number 55,457; to the Court of Appeal, Second Circuit, Number 26635-KH
Writ granted in part, otherwise denied. Because the terms of the statute under which relator was sentenced do not include a prohibition on parole for the entire term, see R.S. 14:62.2 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 St. Amant v. 19th JDC, 94-0567 (La. 9/3/96) ___ So.2d ___; State v. Bell, 543 So.2d 965, 970 (La.App. 4th Cir. 1989).
BJJ
PFC
WFM
JCW
HTL
JPV
EJB
KIMBALL, J. not on panel.