Home/Supreme Court of Louisiana/State v. See

State v. See

467 So. 2d 525
CourtSupreme Court of Louisiana
DecidedApril 19, 1985
Docket85-K-0429
StatusPublished
Cited by22 cases

This text of 467 So. 2d 525 (State v. See) 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. See, 467 So. 2d 525 (La. 1985).

Opinion

467 So.2d 525 (1985)

STATE of Louisiana
v.
Jimmy Leroy SEE.

No. 85-K-0429.

Supreme Court of Louisiana.

April 19, 1985.

PER CURIAM.

GRANTED IN PART. Relator's sentence for attempted second degree murder is illegal in that the court required the sentence to be served "without benefit of parole, probation, or suspension of sentence". See R.S. 14:27(D)(1); State v. Diggs, 423 So.2d 643 (La.1982). Because the trial court sentenced defendant to 40 years under the mistaken impression that the sentence had to be served without benefit of parole, it is appropriate to set aside the sentence and remand the case to the trial court for resentencing.

Accordingly, the sentence for attempted second degree murder is set aside, and the case is remanded to the trial court for resentencing. Otherwise, the application is denied.

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

Related

State of Louisiana v. Keith Kisack
Louisiana Court of Appeal, 2022
State of Louisiana v. George McKinney, Jr.
Louisiana Court of Appeal, 2022
State of Louisiana v. Trivual A. Charles
Louisiana Court of Appeal, 2021
State v. Charles
270 So. 3d 859 (Louisiana Court of Appeal, 2019)
State of Louisiana v. Trivual A. Charles -Aka- Trivual Batiste -Aka- Trivual Charles
Louisiana Court of Appeal, 2019
State v. Young
839 So. 2d 186 (Louisiana Court of Appeal, 2003)
State v. Holmes
701 So. 2d 752 (Louisiana Court of Appeal, 1997)
State v. Thomas
685 So. 2d 261 (Louisiana Court of Appeal, 1996)
State v. Pittman
683 So. 2d 748 (Louisiana Court of Appeal, 1996)
State v. Lee
668 So. 2d 420 (Louisiana Court of Appeal, 1996)
State v. Stack
659 So. 2d 853 (Louisiana Court of Appeal, 1995)
State v. Andry
636 So. 2d 1084 (Louisiana Court of Appeal, 1994)
State v. Mock
602 So. 2d 776 (Louisiana Court of Appeal, 1992)
State v. Yarbrough
596 So. 2d 311 (Louisiana Court of Appeal, 1992)
State v. Glenn
587 So. 2d 147 (Louisiana Court of Appeal, 1991)
State ex rel. Newton v. Smith
584 So. 2d 1146 (Supreme Court of Louisiana, 1991)
State v. Jackson
570 So. 2d 227 (Louisiana Court of Appeal, 1990)
State v. Brown
567 So. 2d 1152 (Louisiana Court of Appeal, 1990)
State v. Mareno
530 So. 2d 593 (Louisiana Court of Appeal, 1988)
State v. Martin
520 So. 2d 1079 (Louisiana Court of Appeal, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
467 So. 2d 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-see-la-1985.