State v. Mincey

Supreme Court of Louisiana

State v. Mincey

32 So. 3d 219, 2010 La. LEXIS 650, 2010 WL 1286902

CourtSupreme Court of Louisiana

DecidedApril 5, 2010

Docket2009-KO-1743

StatusPublished

This text of 32 So. 3d 219 (State v. Mincey) 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. Mincey, 32 So. 3d 219, 2010 La. LEXIS 650, 2010 WL 1286902 (La. 2010).

Pincite

Opinion

PER CURIAM. 1

Writ granted in part; otherwise denied. Defendant’s sentence is amended to delete the trial court’s prohibition on diminution of sentence pursuant to R.S. 15:571.3(C)(l)(c). While defendant is not eligible for diminution of sentence, the provisions of R.S. 15:571.3(C) “are directed to the Department of Corrections exclusively.” State ex rel. Simmons v. Stalder, 93-1852 (La.1/26/96), 666 So.2d 661. The trial court acted beyond its authority in denying that eligibility. See State v. Jackson, 07-0975, p. 14 (La.App. 5th Cir.4/15/08), 985 So.2d 246, 254. The district court is directed to make an entry in the minutes reflecting this change. In all other respects, the application is denied.

1

. Chief Justice Kimball not participating.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM. 1

Writ granted in part; otherwise denied. Defendant’s sentence is amended to delete the trial court’s prohibition on diminution of sentence pursuant to R.S. 15:571.3(C)(l)(c). While defendant is not eligible for diminution of sentence, the provisions of R.S. 15:571.3(C) “are directed to the Department of Corrections exclusively.” State ex rel. Simmons v. Stalder, 93-1852 (La.1/26/96), 666 So.2d 661. The trial court acted beyond its authority in denying that eligibility. See State v. Jackson, 07-0975, p. 14 (La.App. 5th Cir.4/15/08), 985 So.2d 246, 254. The district court is directed to make an entry in the minutes reflecting this change. In all other respects, the application is denied.

1

. Chief Justice Kimball not participating.

Cite This Page — Counsel Stack

Bluebook (online)

32 So. 3d 219, 2010 La. LEXIS 650, 2010 WL 1286902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mincey-la-2010.

Opinion

Related

Cite This Page — Counsel Stack