State v. Scroggins

Supreme Court of Louisiana

State v. Scroggins

469 So. 2d 975, 1985 La. LEXIS 8768

CourtSupreme Court of Louisiana

DecidedMay 31, 1985

DocketNo. 85-K-0833

StatusPublished

This text of 469 So. 2d 975 (State v. Scroggins) 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. Scroggins, 469 So. 2d 975, 1985 La. LEXIS 8768 (La. 1985).

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Opinion

PER CURIAM.

Granted in part. The sentence of one year at hard labor without benefit of parole was illegal. The maximum sentence for illegal use of a weapon is two years with or without hard labor, and the maximum for an attempt to commit a crime is one-half of the longest term of imprisonment for the offense so attempted. La.R.S. 14:94 and 27. There is no provision in either statute that the sentence be without benefit. Accordingly, the sentence is set aside, and the case is remanded to the trial court for resentencing in accordance with law. Otherwise, the application is denied.

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PER CURIAM.

Granted in part. The sentence of one year at hard labor without benefit of parole was illegal. The maximum sentence for illegal use of a weapon is two years with or without hard labor, and the maximum for an attempt to commit a crime is one-half of the longest term of imprisonment for the offense so attempted. La.R.S. 14:94 and 27. There is no provision in either statute that the sentence be without benefit. Accordingly, the sentence is set aside, and the case is remanded to the trial court for resentencing in accordance with law. Otherwise, the application is denied.

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Bluebook (online)

469 So. 2d 975, 1985 La. LEXIS 8768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-scroggins-la-1985.