State v. Harbor

Supreme Court of Louisiana

State v. Harbor

408 So. 2d 908, 1981 La. LEXIS 10992

CourtSupreme Court of Louisiana

DecidedNovember 27, 1981

DocketNo. 81-KA-0838

StatusPublished

This text of 408 So. 2d 908 (State v. Harbor) 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. Harbor, 408 So. 2d 908, 1981 La. LEXIS 10992 (La. 1981).

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Opinion

PER CURIAM.

Defendant’s conviction and sentence are affirmed. However, we remand the case to the trial court for purposes of correcting the minutes, and commitment of defendant, to reflect the actual verdict returned, possession of heroin in violation of La.R.S. 40:966(C)(1). In addition, we note that while the trial court correctly sentenced defendant under the provisions of La.R.S. 40:966(C)(1) “. . .to a term of four years in the State Penitentiary at hard labor without benefit of probation or suspension of sentence,” the minutes and commitment incorrectly indicate a denial of parole eligibility as well. We therefore also remand for purposes of correcting the record with regard to the actual sentence imposed by the trial court and required by law. Cf., La.C.Cr.P. Art. 882; La.R.S. 15:574.4(B); State v. Cain, 382 So.2d 936 (La.1980).

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PER CURIAM.

Defendant’s conviction and sentence are affirmed. However, we remand the case to the trial court for purposes of correcting the minutes, and commitment of defendant, to reflect the actual verdict returned, possession of heroin in violation of La.R.S. 40:966(C)(1). In addition, we note that while the trial court correctly sentenced defendant under the provisions of La.R.S. 40:966(C)(1) “. . .to a term of four years in the State Penitentiary at hard labor without benefit of probation or suspension of sentence,” the minutes and commitment incorrectly indicate a denial of parole eligibility as well. We therefore also remand for purposes of correcting the record with regard to the actual sentence imposed by the trial court and required by law. Cf., La.C.Cr.P. Art. 882; La.R.S. 15:574.4(B); State v. Cain, 382 So.2d 936 (La.1980).

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408 So. 2d 908, 1981 La. LEXIS 10992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harbor-la-1981.

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