State ex rel. Mayberry v. Stalder

Supreme Court of Louisiana

State ex rel. Mayberry v. Stalder

566 So. 2d 965, 1990 La. LEXIS 1928, 1990 WL 140552

CourtSupreme Court of Louisiana

DecidedSeptember 28, 1990

DocketNo. 89-KH-0480

StatusPublished

This text of 566 So. 2d 965 (State ex rel. Mayberry v. Stalder) 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.

Bluebook

State ex rel. Mayberry v. Stalder, 566 So. 2d 965, 1990 La. LEXIS 1928, 1990 WL 140552 (La. 1990).

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Opinion

In re Mayberry, Oliver R.; — Plaintiffs); applying for supervisory and/or remedial writs; Parish of St. Landry, 27th Judicial District Court, Div. “B”, No. 37095; to the Court of Appeal, Third Circuit, No. KW88-0652.

GRANTED. The sentence imposed in 37,905 is amended to delete the restriction providing that “the imposition of this sentence under 893.1 shall not be suspended and the defendant shall not be eligible for probation or parole.” When the state has not requested the enhancement, a trial court may not sentence the defendant under La.C.Cr.P. art. 893.1. See State v. Shows, 488 So.2d 992 (La.1986); see also, State v. East, 491 So.2d 14 (La.1986).

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In re Mayberry, Oliver R.; — Plaintiffs); applying for supervisory and/or remedial writs; Parish of St. Landry, 27th Judicial District Court, Div. “B”, No. 37095; to the Court of Appeal, Third Circuit, No. KW88-0652.

GRANTED. The sentence imposed in 37,905 is amended to delete the restriction providing that “the imposition of this sentence under 893.1 shall not be suspended and the defendant shall not be eligible for probation or parole.” When the state has not requested the enhancement, a trial court may not sentence the defendant under La.C.Cr.P. art. 893.1. See State v. Shows, 488 So.2d 992 (La.1986); see also, State v. East, 491 So.2d 14 (La.1986).

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Bluebook (online)

566 So. 2d 965, 1990 La. LEXIS 1928, 1990 WL 140552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mayberry-v-stalder-la-1990.

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