State ex rel. Simmons v. State

Supreme Court of Louisiana

State ex rel. Simmons v. State

169 So. 3d 380, 2015 La. LEXIS 1265, 2015 WL 3421606

Supreme Court of Louisiana·Decided May 15, 2015·No. No. 2014-KH-1333·Published

Opinion

In re Simmons, Kentell;—Plaintiff; Applying For. Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 10-2508; to the Court of Appeal, Fifth Circuit, No. 14-KH-288.

Writ granted in part; because R.S. 14:31 does not authorize the court to deny eligibility for parole, relator’s sentence is amended to delete the restriction. 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. In all other respects, the application is denied.

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In re Simmons, Kentell;—Plaintiff; Applying For. Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. P, No. 10-2508; to the Court of Appeal, Fifth Circuit, No. 14-KH-288.

Writ granted in part; because R.S. 14:31 does not authorize the court to deny eligibility for parole, relator’s sentence is amended to delete the restriction. 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. In all other respects, the application is denied.

State ex rel. Simmons v. State, 169 So. 3d 380, 2015 La. LEXIS 1265, 2015 WL 3421606 (La. 2015).

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Opinion

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