State ex rel. Hall v. State

738 So. 2d 1077, 1999 La. LEXIS 430, 1999 WL 172208

Opinion

IN RE: Hall, Gregory; — Plaintiff(s); Applying for Supervisory and/or Remedial Writ; Parish of Rapides 9th Judicial District Court Div. “F” Number 232,424; to the Court of Appeal, Third Circuit, Number KW97-1223

Writ granted in part; otherwise denied. Because the applicable terms of the statutes under which relator was sentenced did not include a prohibition on parole eligibility see R.S. 40:967(B)(1); R.S. 15:529(G), relator’s sentence is amended to delete the prohibition of parole. Relator’s parole eligibility is to be determined by the Department of Corrections pursuant to R.S. 15:574.4. St. Amant v. 19th J.D.C., 94-0567 (La.9/3/96), 678 So.2d 536; cf. State ex rel. Simmons v. Stalder, 93-1852 (La.1/26/96), 666 So.2d 661. The district court is directed to make an entry in the minutes reflecting this change. In all other respects, the application is denied.

KNOLL, J. not on panel.