State v. Anthony

Supreme Court of Louisiana

State v. Anthony

346 So. 2d 707, 1977 La. LEXIS 5241

CourtSupreme Court of Louisiana

DecidedMay 25, 1977

DocketNo. 59144

StatusPublished

Cited by1 cases

This text of 346 So. 2d 707 (State v. Anthony) 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.

Bluebook

State v. Anthony, 346 So. 2d 707, 1977 La. LEXIS 5241 (La. 1977).

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Opinion

PER CURIAM.

The sentence imposed upon the defendant in the instant case, life imprisonment without benefit of pardon, probation or parole for twenty years, is improper. Gubernatorial pardon or commutation, constitutionally permitted, may not be precluded by the terms of an imposed sentence. La.Const. Art. 4, § 5 (1974); State v. Williams, 338 So.2d 672 (La.1976).

Defendant’s conviction is affirmed, but his sentence is vacated and set aside and the case is remanded for resentencing in accordance with the foregoing.

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PER CURIAM.

The sentence imposed upon the defendant in the instant case, life imprisonment without benefit of pardon, probation or parole for twenty years, is improper. Gubernatorial pardon or commutation, constitutionally permitted, may not be precluded by the terms of an imposed sentence. La.Const. Art. 4, § 5 (1974); State v. Williams, 338 So.2d 672 (La.1976).

Defendant’s conviction is affirmed, but his sentence is vacated and set aside and the case is remanded for resentencing in accordance with the foregoing.

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Bluebook (online)

346 So. 2d 707, 1977 La. LEXIS 5241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-anthony-la-1977.

Opinion

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