Public-domain · open source
OpenJurist

999 So. 2d 1135

Docket No. 2008-K-1192.

State v. Prejean

STATE of Louisiana v. Herbert Lee PREJEAN.

Supreme Court of Louisiana

Decided February 6, 2009.

Supreme Court of Louisiana · decided 2009-02-06

Cited by 2 later decisions — most recently May 2011

2 state decisions

Relies on 981 So. 2d 272 - State v. Prejean

Good law ✅— No negative treatment on recordhow we know

Decided 2009-02-06

View the full empirical analysis of this case →

¶1PER CURIAM.

¶2Granted in part; denied in part. As part of its review for patent error, and pursuant to La.R.S. 15:537(A), the court of appeal amended defendant's sentence to deny him eligibility for diminution of sentence for good behavior. State v. Prejean, 07-1269, p. 1 (La.App. 3rd Cir.4/30/08), 981 So.2d 272, 274. That part of the court of *1136 appeal's judgment is vacated and defendant's original sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence is reinstated. The provisions of La.R.S. 15:537(A), see also La.R.S. 15:571.3(B)(2)(b), do not form part of the sentence that La.R.S. 14:42(D)(1) requires the trial judge to impose but are directives to the Department of Corrections in computing an inmate's sentence and, in any event, govern only cases in which a defendant is convicted of one of the crimes specified "and is sentenced for a stated number of years or months (emphasis added)." In all other respects, the application is denied.

/999/so2d/1135 · .json · Public domain