State v. Ambeau

Louisiana Court of Appeal

State v. Ambeau

560 So. 2d 641, 1990 La. App. LEXIS 790, 1990 WL 42704

CourtLouisiana Court of Appeal

DecidedApril 12, 1990

DocketNo. 89-KA-0125

StatusPublished

This text of 560 So. 2d 641 (State v. Ambeau) 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.

Bluebook

State v. Ambeau, 560 So. 2d 641, 1990 La. App. LEXIS 790, 1990 WL 42704 (La. Ct. App. 1990).

Pincite

Opinion

PLOTKIN, Judge.

Defendant, Charles M. Ambeau, was charged with and convicted of violating L.S.A. R.S. 40:966, possession of heroin. The defendant was sentenced to serve five (5) years at hard labor without benefit of parole, probation or suspension of sentence.

The defendant’s sole assignment of error is that he was improperly denied parole eligibility.

The defendant was convicted of L.S.A. R.S. 40:966(C)(1) which provides:

“shall be imprisoned at hard labor for not less than four years nor more than ten years without benefit of probation or suspension of sentence and may, in addi[642]*642tion, be required to pay a fine of not more than five thousand dollars.”

This Court in State v. Solid, 529 So.2d 108 (La.App. 4th Cir.1988), held, in part, that parole eligibility could not be properly denied if the statute under which the defendant was convicted did not specifically allow for denial of parole eligibility. State v. Valentine, 496 So.2d 378 (La. 4th Cir.1986). The state, in brief, concedes the defendant’s argument is correct.

The defendant’s conviction is affirmed. His sentence is amended to delete the denial of parole eligibility.

AFFIRMED CONVICTION; AMENDED SENTENCE.

Free access — add to your briefcase to read the full text and ask questions with AI