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

Supreme Court of Louisiana·Decided September 28, 1990·No. No. 89-KH-0480·Published

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).

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

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Opinion

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