Gaillard v. CronvichGaillard v. Cronvich
In this habeas corpus proceeding the applicant seeks release frоm the Jefferson Parish prison. After a hearing, the district court denied applicant rеlief.'
On September 20, 1968 applicant was convicted in Orleans Parish' of four thefts. He was sentenced to six years at hard labor for each theft, the sentences to be concurrent. On March 6, 1969 applicant pled guilty in Jefferson Parish to four burglaries. He wаs sentenced to seven years at hard labor for each burglary, the sentencеs to be concurrent. The Jefferson Parish sentences were made consecutive to the Orleans Parish sentences. Therefore, applicant was effectively sentenced to a thirteen year prison term for the four thefts and four burglaries.
Nоvember 2, 1971 Governor John J. McKeithen commuted applicant’s Jefferson Parish sentences from seven to five years in length and made the Jefferson Parish sentences concurrent with thе Orleans Parish sentences. Due to the commutation, applicant Gaillard’s Jefferson Parish sentences were shorter than his Orleans Parish sentences, so that the Jefferson Parish sentences would be satisfied upon the completion of the Orleans Pаrish sentences.
On December 3, 1971 applicant completed his Orleans Parish sentences and was released from custody. He was immediately arrested by Jefferson Pаrish authorities to begin serving the Jefferson Parish sentences. Although the Jefferson Parish authorities recognized the Governor’s power to commute applicant’s sentence from seven to five years, they refused to honor that portion of the cоmmutation order which
The executive’s power to commute is found in Article V, Section 10 of the Louisiana Constitution of 1921, which prоvides:
“The governor shall have power to grant reprieves for all offenses against the state; and may, except in cases of impeachment, or treason, upon the recommendation in writing of the lieutenant governor, attorney generаl, and presiding judge of the court before which the conviction was had, or any two оf them, grant pardons, commute sentences, and remit fines and forfeitures; provided, "hоwever, that each first offender who has never previously been convicted of a felony shall be eligible for pardon automatically upon completiоn of his sentence without the aforementioned recommendation in writing. In case оf treason he may grant reprieves until the end of the next session of the legislature, in whiсh body the power of pardoning is vested.”
The statutory provision is identical (R.S. 15:572). '
The only limitation on the Governor’s commutation power is that he act pursuant to a written recomendation of commutation signed by any two of the following: the lieutenant governor, the attorney general аnd the presiding judge of the court before which the conviction was obtained. Once this recommendation is received, the Governor has unlimited discretionary power to commute an applicant’s sentence.
In this instance, the Governor did not choose to commute applicant’s Jefferson Parish sentences completely, as he could have. Rather, he choose to commute the Jeffersоn Parish sentences to a term shorter than the Orleans Parish sentences and to makе the Jefferson "Parish sentences concurrent with the Orleans Parish sentences. The rеsult under either method of commutation is the same: the Jefferson Parish sentences are satisfied when applicant completes the Orleans Parish sentences.
Wе find that applicant's commutation was, in all respects, a valid exercise оf the executive commutation power. Applicant has satisfied his Jefferson Pаrish sentences. Therefore, we find applicant to be incarcerated in thе Jefferson Parish prison unlawfully.
The judgment of the district court is reversed, and applicant, James R. Gaillard, is ordered discharged from custody.