State Of Louisiana v. Lazarious Dwayne Clayton
This text of State Of Louisiana v. Lazarious Dwayne Clayton (State Of Louisiana v. Lazarious Dwayne Clayton) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2021 KW 0912
VERSUS
LAZARIOUS DWAYNE CLAYTON AUGUST 12, 2021
In Re: State of Louisiana, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton Rouge, No. 10- 11- 0195.
BEFORE: McDONALD, LANIER, AND WOLFE, JJ.
WRIT GRANTED. The district court erred in declaring the defendant' s habitual offender sentence illegal. The conditions
imposed on the sentence are those called for in the reference
statute. State v. Bruins, 407 So. 2d 685, 687 ( La. 1981). The applicable version of La. R. S. 14: 95. 1 provided that a person
found guilty of the offense " shall be imprisoned at hard labor for not less than ten nor more than twenty years without the benefit of probation, parole, or suspension of sentence." Hence, the reference statute provided for the restriction of benefits on the entirety of any sentence imposed. See State v. McCurtis, 33, 737 ( La. App. 2d Cir. 9/ 27/ 00), 769 So. 2d 150, 158, writ
granted in part and remanded, 2000- 3080 ( La. 11/ 2/ 01), 800 So. 2d 862. Accordingly, the defendant' s 22 - year habitual offender
sentence, as imposed, should be maintained.
JMM WIL EW
DEPUT Z, LERK OF COURT FOR THE COURT
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