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343 So. 2d 732

State v. Lewis

Supreme Court of Louisiana

Decided March 9, 1977

Supreme Court of Louisiana · decided 1977-03-09

Cited by 2 later decisions — most recently January 1985

2 state decisions

Relies on 338 So. 2d 672 - State v. Williams · 308 So. 2d 763 - State v. Spotville

Good law ✅— No negative treatment on recordhow we know

Decided 1977-03-09

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PER CURIAM.

¶1While there is no merit to defendant’s assignment of error, the sentence to twenty-five years at hard labor without benefit of probation, parole or pardon is improper. The gubernatorial power to pardon may not be precluded by the terms of a sentence. La.Const. Art. 4, § 5(E) (1974); State v. Williams, 338 So.2d 672 (La.1976); State v. Spotville, 308 So.2d 763 (La.1975).

¶2Defendant’s conviction is affirmed, but the sentence is vacated and set aside. The case is remanded to the trial court for re-sentencing in accordance with the foregoing.

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