State v. Carlisle

Supreme Court of Louisiana

State v. Carlisle

23 So. 3d 898, 2009 La. LEXIS 3522, 2009 WL 4878981

CourtSupreme Court of Louisiana

DecidedDecember 18, 2009

Docket2009-KP-0474

StatusPublished

This text of 23 So. 3d 898 (State v. Carlisle) 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. Carlisle, 23 So. 3d 898, 2009 La. LEXIS 3522, 2009 WL 4878981 (La. 2009).

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Opinion

PER CURIAM.

Writ granted; sentence and probation revocation reinstated. The Second Circuit Court of Appeal erred when it ordered relator’s sentence vacated and remanded for resentencing. Although relator’s sentence, agreed upon pursuant to a plea bargain, to a term of incarceration exceeding 60 days without ordering that he undergo a substance abuse evaluation was rendered illegal by this Court’s decision in State v. Mayeux, 01-3195, (La.6/21/02), 820 So.2d 526 (statutory amendment provided for *899 more lenient sentence for third or subsequent DWI offense applies upon conviction rather than date of the offense), the illegal condition ceased to exist once relator was released from prison on probation. Although La.C.Cr.P. art. 882 authorizes the correction of an illegal sentence “at any time,” in this case, relator’s sentence had already been corrected, as a substantive matter, upon his release from incarceration and placement on probation.

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PER CURIAM.

Writ granted; sentence and probation revocation reinstated. The Second Circuit Court of Appeal erred when it ordered relator’s sentence vacated and remanded for resentencing. Although relator’s sentence, agreed upon pursuant to a plea bargain, to a term of incarceration exceeding 60 days without ordering that he undergo a substance abuse evaluation was rendered illegal by this Court’s decision in State v. Mayeux, 01-3195, (La.6/21/02), 820 So.2d 526 (statutory amendment provided for *899 more lenient sentence for third or subsequent DWI offense applies upon conviction rather than date of the offense), the illegal condition ceased to exist once relator was released from prison on probation. Although La.C.Cr.P. art. 882 authorizes the correction of an illegal sentence “at any time,” in this case, relator’s sentence had already been corrected, as a substantive matter, upon his release from incarceration and placement on probation.

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Bluebook (online)

23 So. 3d 898, 2009 La. LEXIS 3522, 2009 WL 4878981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carlisle-la-2009.

Opinion

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