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925 So. 2d 1242

State v. Ganser

Supreme Court of Louisiana

Decided March 31, 2006

Supreme Court of Louisiana · decided 2006-03-31

Relies on 700 So. 2d 493 - State v. Smith

Decided 2006-03-31

¶1In re State of Louisiana; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. J, No. 98-4923; to the Court of Appeal, Fifth Circuit, No. 05-KH-788.

¶2Granted. The decision of the Fifth Circuit is vacated and relator’s 20 year state sentence, as clarified by the district court, is reinstated. Because relator is still in custody by virtue of his federal supervised release, his federal term has not expired. See State v. Smith, 96-1798, pp. 4-6 (La.10/21/97), 700 So.2d 493, 495-96. Thus, relator’s state sentence of 20 years imposed “concurrent/coterminous” with his federal term, in accordance with his 1999 plea agreement, remains in effect until his federal supervised release ends.

CALOGERO, C.J., recused.
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