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559 So. 2d 479

State v. Westmoreland

Supreme Court of Louisiana

Decided April 6, 1990

Supreme Court of Louisiana · decided 1990-04-06

Cited by 3 later decisions — most recently November 1996

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1990-04-06

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MARCUS and COLE, JJ.,

¶1dissent. La. R.S. 15:574.4(A)(1) provides that: “A person convicted of a third or subsequent felony and committed to the Department of Public Safety and Corrections shall not be eligible for parole”. While defendant is only a second felony offender under the habitual offender law in La.R.S. 15:529.1, for the purposes of La.R.S. 15:474.4(A)(1) he should be considered a third felony offender as the statute clearly provides.

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