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State v. Sanders

Supreme Court of Louisiana
May 14, 2004
876 So. 2d 42 (La. 2004)

Summary

stating that an appellate court should not rely on the self-activating provisions of La.R.S. 15:301.1 when the trial court imposes limits beyond those statutorily authorized

Summary of this case from State v. Ayala

Opinion

No. 2004-KO-0017.

May 14, 2004.

IN RE: Sanders, Edith; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. G, Nos. 99-2164; to the Court of Appeal, Fifth Circuit, No. 03-KA-638.


Granted. See per curiam.

CDK

PFC

BJJ

JPV

CDT

JTK

JLW

On Writ of Certiorari to the Fifth Circuit Court of Appeal


Granted. The defendant's sentence of 15 years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence is amended to provide that the defendant shall serve a term of 15 years imprisonment at hard labor without benefit of probation or suspension of sentence, and without benefit of parole for a period of five years. See La.R.S. 40:967(B)(4)(b) (1997 La. Acts 1284); La.R.S. 15:529.1(G). In cases in which the sentencing error made by the trial court does not involve the omission of a restrictive term specified by the legislature as part of the sentence but the imposition of limits beyond what the legislature has authorized in the sentencing statute(s), an appellate court should not rely on La.R.S. 15:301.1(A) to correct the error as a matter of law but should correct the sentence on its own authority under La.C.Cr.P. art. 882 to correct an illegal sentence "at any time".


Summaries of

State v. Sanders

Supreme Court of Louisiana
May 14, 2004
876 So. 2d 42 (La. 2004)

stating that an appellate court should not rely on the self-activating provisions of La.R.S. 15:301.1 when the trial court imposes limits beyond those statutorily authorized

Summary of this case from State v. Ayala

stating that an appellate court should not rely on the self-activating provisions of La.R.S. 15:301.1 when the trial court imposes limits beyond those statutorily authorized

Summary of this case from State v. Hurst
Case details for

State v. Sanders

Case Details

Full title:STATE OF LOUISIANA v. EDITH SANDERS

Court:Supreme Court of Louisiana

Date published: May 14, 2004

Citations

876 So. 2d 42 (La. 2004)

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