State v. Welch

Supreme Court of Louisiana

State v. Welch

462 So. 2d 183, 1985 La. LEXIS 7837

CourtSupreme Court of Louisiana

DecidedJanuary 18, 1985

DocketNo. 84-KA-1530

StatusPublished

Cited by1 cases

This text of 462 So. 2d 183 (State v. Welch) 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. Welch, 462 So. 2d 183, 1985 La. LEXIS 7837 (La. 1985).

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Opinion

PER CURIAM.

Defendant’s conviction for second-degree murder in violation of La.R.S. 14:30.1 is affirmed. We agree with counsel, however, that the penalty imposed by the trial court of life imprisonment at hard'labor without benefit of “parole, probation, commutation or dimunition of sentence for a period of 40 years” is illegal and must be set aside. Cf, La.C.Cr.P. art. 882. This Court has consistently held under both La. Const. 1921, Art. V, § 10 and La. Const. 1974, Art. IV, § 5 that “[gubernatorial pardon or commutation, constitutionally permitted, may not be precluded by the terms of an imposed sentence.” State v. Williams, 338 So.2d 672, 678 (La.1976); State v. Lewis, 343 So.2d 732 (La.1977); State v. Spotville, 308 So.2d 763 (La.1975); State v. Varice, 292 So.2d 703 (La.1974).

Defendant’s sentence is therefore amended; the words “commutation or diminution of sentence” are removed. In all other respects, the sentence imposed by the trial judge is affirmed.

CONVICTION AFFIRMED; SENTENCE AMENDED AND AS AMENDED AFFIRMED.

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PER CURIAM.

Defendant’s conviction for second-degree murder in violation of La.R.S. 14:30.1 is affirmed. We agree with counsel, however, that the penalty imposed by the trial court of life imprisonment at hard'labor without benefit of “parole, probation, commutation or dimunition of sentence for a period of 40 years” is illegal and must be set aside. Cf, La.C.Cr.P. art. 882. This Court has consistently held under both La. Const. 1921, Art. V, § 10 and La. Const. 1974, Art. IV, § 5 that “[gubernatorial pardon or commutation, constitutionally permitted, may not be precluded by the terms of an imposed sentence.” State v. Williams, 338 So.2d 672, 678 (La.1976); State v. Lewis, 343 So.2d 732 (La.1977); State v. Spotville, 308 So.2d 763 (La.1975); State v. Varice, 292 So.2d 703 (La.1974).

Defendant’s sentence is therefore amended; the words “commutation or diminution of sentence” are removed. In all other respects, the sentence imposed by the trial judge is affirmed.

CONVICTION AFFIRMED; SENTENCE AMENDED AND AS AMENDED AFFIRMED.

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Bluebook (online)

462 So. 2d 183, 1985 La. LEXIS 7837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-welch-la-1985.

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