State ex rel. Parfait v. State

Supreme Court of Louisiana

State ex rel. Parfait v. State

158 So. 3d 825, 2015 La. LEXIS 351, 2015 WL 894565

CourtSupreme Court of Louisiana

DecidedFebruary 13, 2015

DocketNo. 2013-KH-2895

StatusPublished

This text of 158 So. 3d 825 (State ex rel. Parfait 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. Parfait v. State, 158 So. 3d 825, 2015 La. LEXIS 351, 2015 WL 894565 (La. 2015).

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Opinion

In re Parfait, Toby James; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. A, No. 94-FELY-251-650; to the Court of Appeal, First Circuit, No. 2013 KW 1274.

Granted; relief denied; sentence corrected. The district court erred in granting relator’s motion to correct an illegal sentence by amending his sentence to reflect that it is no longer without benefit of parole. Although relator seeks review because the district court did not provide him the remedy he sought — resentencing according to the applicable range for the next responsive verdict of manslaughter— the district court erred in granting relator any relief. The decision in Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), is not retroactive to final sentences. State v. Tate, 12-2763 (La.11/5/13), 130 So.3d 829, cert. denied, Tate v. Louisiana, — U.S. -, 134 S.Ct. 2663, 189 L.Ed.2d 214, (2014). The district court’s order is therefore vacated and relator’s original sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence is reinstated. See State ex rel. Nash v. State, 13-2032 (La.9/9/14), 147 So.3d 1111; State ex rel. Greene v. State, 13-1972 (La.9/19/14), 147 So.3d 685; State ex rel. Green v. State, 13-0063 (La.9/19/14), 147 So.3d 686.

WEIMER, J., recused. HUGHES, J., would deny.

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In re Parfait, Toby James; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Terrebonne, 32nd Judicial District Court Div. A, No. 94-FELY-251-650; to the Court of Appeal, First Circuit, No. 2013 KW 1274.

Granted; relief denied; sentence corrected. The district court erred in granting relator’s motion to correct an illegal sentence by amending his sentence to reflect that it is no longer without benefit of parole. Although relator seeks review because the district court did not provide him the remedy he sought — resentencing according to the applicable range for the next responsive verdict of manslaughter— the district court erred in granting relator any relief. The decision in Miller v. Alabama, 567 U.S. -, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012), is not retroactive to final sentences. State v. Tate, 12-2763 (La.11/5/13), 130 So.3d 829, cert. denied, Tate v. Louisiana, — U.S. -, 134 S.Ct. 2663, 189 L.Ed.2d 214, (2014). The district court’s order is therefore vacated and relator’s original sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence is reinstated. See State ex rel. Nash v. State, 13-2032 (La.9/9/14), 147 So.3d 1111; State ex rel. Greene v. State, 13-1972 (La.9/19/14), 147 So.3d 685; State ex rel. Green v. State, 13-0063 (La.9/19/14), 147 So.3d 686.

WEIMER, J., recused. HUGHES, J., would deny.

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158 So. 3d 825, 2015 La. LEXIS 351, 2015 WL 894565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-parfait-v-state-la-2015.

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