State ex rel. Herrington v. State

Supreme Court of Louisiana

State ex rel. Herrington v. State

747 So. 2d 1112, 1999 La. LEXIS 2922, 1999 WL 780993

CourtSupreme Court of Louisiana

DecidedSeptember 24, 1999

DocketNo. 99-KH-0717

StatusPublished

This text of 747 So. 2d 1112 (State ex rel. Herrington v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. Herrington v. State, 747 So. 2d 1112, 1999 La. LEXIS 2922, 1999 WL 780993 (La. 1999).

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Opinion

IN RE: Herrington, William; — Plaintiffs); Applying for Supervisory and/or Remedial Writs; Parish of Franklin 5th Judicial District Court Div. “B” Number 25,302, 25,303, 25,435; to the Court of appeal, Second Circuit, Number 31667-KH

Writ granted in part; otherwise denied. Because the statute in effect at the time of relator’s attempted aggravated rapes did not authorize a prohibition on parole, see R.S. 14:42; 14:27(D); 1975 La. Acts 132, relator’s sentence is amended to delete the prohibition. 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 so.2d 536. The district court is directed to make an entry in the minutes reflecting this change. In all other respects, the application is denied.

TRAYLOR, J., not on panel; recused.

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IN RE: Herrington, William; — Plaintiffs); Applying for Supervisory and/or Remedial Writs; Parish of Franklin 5th Judicial District Court Div. “B” Number 25,302, 25,303, 25,435; to the Court of appeal, Second Circuit, Number 31667-KH

Writ granted in part; otherwise denied. Because the statute in effect at the time of relator’s attempted aggravated rapes did not authorize a prohibition on parole, see R.S. 14:42; 14:27(D); 1975 La. Acts 132, relator’s sentence is amended to delete the prohibition. 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 so.2d 536. The district court is directed to make an entry in the minutes reflecting this change. In all other respects, the application is denied.

TRAYLOR, J., not on panel; recused.

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747 So. 2d 1112, 1999 La. LEXIS 2922, 1999 WL 780993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-herrington-v-state-la-1999.

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