State v. See

STATE of Louisiana v. Jimmy Leroy SEE.

Supreme Court of Louisiana

Decided April 19, 1985.

Supreme Court of Louisiana · decided 1985-04-19

Key passage — most relied on by later courts

“life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence,”

quoted by 2 later decisions, including State v. Andry, 570 So. 2d 227 - State v. Jackson

Relies on Super City Boxing Productions, Inc. v. Louisiana State Athletic Commission

Good law ✅— No negative treatment on recordhow we know

Decided 1985-04-19

How this case has been cited

Cited by 20 later decisions — most recently May 2019

20 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1PER CURIAM.

¶2GRANTED IN PART. Relator's sentence for attempted second degree murder is illegal in that the court required the sentence to be served "without benefit of parole, probation, or suspension of sentence". See R.S. 14:27(D)(1); State v. Diggs,423 So.2d 643 (La.1982). Because the trial court sentenced defendant to 40 years under the mistaken impression that the sentence had to be served without benefit of parole, it is appropriate to set aside the sentence and remand the case to the trial court for resentencing.

¶3Accordingly, the sentence for attempted second degree murder is set aside, and the case is remanded to the trial court for resentencing. Otherwise, the application is denied.