236 So. 3d 1278
La. Ct. App.2017Background
- Reginald Luckett was charged with possession with intent to distribute cocaine (offense March 5, 2016) and pled guilty on September 29, 2016.
- Trial court initially sentenced Luckett to 15 years at hard labor without benefit of parole, probation, or suspension of sentence.
- The State filed a multiple-offender bill alleging a 2013 predicate; Luckett stipulated and was adjudicated a second felony offender.
- The original sentence was vacated and an enhanced 15-year hard labor sentence was imposed, also without parole, probation, or suspension of sentence.
- Luckett was granted an out-of-time appeal challenging the restriction of parole for the entire enhanced sentence; the State conceded the trial court erred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether parole may be denied for the entire enhanced sentence imposed under the multiple-offender adjudication | State conceded full parole bar was error and that sentencing statute limits parole restriction | Luckett argued restriction of parole for whole 15 years was illegal because underlying statute only authorizes limited parole restriction | Court held full parole bar illegal; amended sentence to deny parole only for first two years while keeping 15 years at hard labor without probation or suspension |
| Proper authority to correct illegal parole restriction on enhanced sentence | N/A | N/A | Court applied La. C.Cr.P. art. 882 to amend sentence rather than La. R.S. 15:301.1(A) when restrictions exceeded statutory authorization |
Key Cases Cited
- State v. Fletcher, 845 So.2d 1213 (La. App. 5 Cir.) (holding parole restriction derives from underlying offense statute when multiple offender sentence is imposed)
- State v. Payne, 220 So.3d 882 (La. App. 5 Cir.) (finding full-benefit restriction beyond statute unlawful)
- State v. Long, 81 So.3d 875 (La. App. 5 Cir.) (noting vacated original sentence renders related errors moot)
- State v. Sanders, 876 So.2d 42 (La.) (instructing use of La. C.Cr.P. art. 882 to correct illegal sentences)
- State v. Ordonez, 215 So.3d 473 (La. App. 5 Cir.) (directing transmission of amended commitment to corrections authorities)
- State v. Sugasti, 820 So.2d 518 (La.) (holding penalty in effect at time of offense controls sentencing)
SENTENCE AMENDED AND AFFIRMED; REMANDED FOR CORRECTION OF COMMITMENT