State v. Mincey

Supreme Court of Louisiana

State v. Mincey

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

Supreme Court of Louisiana·Decided April 5, 2010·No. 2009-KO-1743·Published

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.

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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.

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

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Opinion

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