¶1Writ granted in part; otherwise denied. Because the terms of the statutes under which relator was sentenced do not include a prohibition on diminution of sentence pursuant to R.S. 15:571.3, see R.S. 14:31, relator's sentence is amended to delete the prohibition. Relator's eligibility is to be determined by the Department of Corrections pursuant to R.S. 15:571.3. State ex rel. Simmons v. Stalder, 93-1852 (La.1/26/96), 666 So.2d 661; cf. State ex rel. Meeks v. State, 98-1930 (La.1/29/99), 736 So.2d 820; St. Amant v. 19th J.D.C., 94-0567 (La.9/3/96), 678 So.2d 536. The district court is directed to make an entry in the minutes reflecting this change. In all other respects, the writ is denied.
883 So. 2d 1003
Docket No. 2003-KH-2474.
State Ex Rel. Hebert v. State
STATE ex rel. Edward J. HEBERT v. STATE of Louisiana.
Decided October 1, 2004.
Supreme Court of Louisiana · decided 2004-10-01
Cited by 3 later decisions — most recently June 2008
3 state decisions
Relies on State Ex Rel. Simmons v. Stalder · St. Amant v. 19TH JUDICIAL DIST. COURT · State Ex Rel. Meeks v. State
Good law ✅— No negative treatment on recordhow we know
Decided 2004-10-01
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