Opinion
No. 96-K-2380
February 7, 1997
IN RE: Singleton, Jermaine; — Defendant(s); Applying for Writ of Certiorari and/or Review; Parish of St. Charles 29th Judicial District Court Div. "D" Number 94-0692; to the Court of Appeal, Fifth Circuit, Number 96-KA-0203
Granted in part; denied in part. Relator's sentence is amended to delete the denial of eligibility for diminution of sentence for good behavior pursuant to La.R.S. 15:571.3(A). Application of La.C.Cr.P. art. 890.1 to deny good time eligibility on a sentence imposed for a crime committed before the effective date of 1995 La. Acts No. 946 violates the Ex Post Facto Clauses of the federal and state constitutions. Weaver v. Graham, 450 U.S. 18 [ 450 U.S. 24], 30-32, 101 S.Ct. 960, 965, 67 L.Ed.2d 17 (1981). In all other respects, relator's application is denied.
WFM
PFC
CDK
BJJ
JPV
CDT
JTK
LEMMON, J. not on panel.