State v. Alexander

Supreme Court of Louisiana

Decided September 14, 1978

Supreme Court of Louisiana · decided 1978-09-14

Cited by 5 later decisions — most recently June 1985

1 federal appellate · 3 state decisions

Key passage — most relied on by later courts

“The term of 100 years actually imposed on defendant clearly exceeds his natural life.”

quoted by 1 later decision, including United States Curtis v. Blackburn J

Relies on 359 So. 2d 976 - State v. Delaney

Good law ✅— No negative treatment on recordhow we know

Decided 1978-09-14

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PER CURIAM.

¶1Having been convicted of the offense of simple burglary, La.R.S. 14:62, and adjudicated a multiple offender under the provisions of La.R.S. 15:529.1, defendant was sentenced to serve one hundred years at hard labor. We note as an error patent on the face of the record of this appeal that *776the sentence is not authorized by law. See, La.C.Cr.P. art. 920(2).

¶2La.R.S. 15:529.1(A)(3), as applied in this case, provides for a sentence of not less than twenty years nor more than the accused’s natural life. The term of 100 years actually imposed on defendant clearly exceeds his natural life, See, State v. Delaney, 359 So.2d 976 (La.1978), and therefore is illegal.

¶3Accordingly, defendant’s sentence is annulled and set aside, and the case is remanded to the district court for resentenc-ing in accordance with law.