Home/Louisiana Court of Appeal/State v. Madina

State v. Madina

530 So. 2d 668, 1988 La. App. LEXIS 1799, 1988 WL 84444
Louisiana Court of Appeal·Decided August 16, 1988·No. No. KA 7379·Published

Opinion

ARMSTRONG, Judge.

The defendant, Fabia Madina, was charged with and convicted of a violation of LSA-R.S. 40:966, relative to the offense of distribution of a controlled dangerous substance, to-wit: heroin. She was sentenced to life imprisonment without benefit of probation, parole or suspension of sentence under LSA-R.S. 40:966B(1). On appeal the defendant raises as an assignment of error the illegality of sentence. She maintains that the trial court erred in imposing a sentence without benefit of parole.

We find that an illegal sentence was imposed by the trial court. The pertinent sentencing provision found in LSA-R.S. 40:966B(1) mandates that a defendant sentenced thereunder shall not be allowed the benefit of probation or suspension of sentence but is silent as to the benefit of parole.1

This court has held that to deny a defendant parole eligibility under LSA-R.S. 40:966 is illegally excessive. State v. Scott, 490 So.2d 465 (La.App. 4th Cir.1986); State v. Harvey, 487 So.2d 630 (La.App. 4th Cir.1986).

Accordingly, defendant’s conviction is affirmed but the sentence is amended to delete the portion denying the defendant parole eligibility.

Sentence Affirmed As Amended

BARRY, J., concurs.

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State v. Madina, 530 So. 2d 668, 1988 La. App. LEXIS 1799, 1988 WL 84444 (La. Ct. App. 1988).

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Related

State v. Harvey
487 So. 2d 630 (Louisiana Court of Appeal, 1986)
State v. Scott
490 So. 2d 465 (Louisiana Court of Appeal, 1986)