State v. Madina

Louisiana Court of Appeal

State v. Madina

530 So. 2d 668, 1988 La. App. LEXIS 1799, 1988 WL 84444

CourtLouisiana Court of Appeal

DecidedAugust 16, 1988

DocketNo. KA 7379

StatusPublished

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

Pincite

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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