685 So. 2d 131 | La. | 1997
STATE ex rel. Alvin LEWIS
v.
STATE of Louisiana.
Supreme Court of Louisiana.
Writ granted in part, otherwise denied. Because the terms of the statutes under which relator was sentenced do not include a prohibition on parole for the entire term, see R.S. 14:62.2; R.S. 15:529.1, the district court is directed to resentence relator to a term which does not include such a prohibition. Except for the one-year restriction provided for in the underlying statute, relator's parole eligibility is to be determined by the Department of Corrections pursuant to R.S. 15:574.4. See State ex rel. Tucker v. Ward, 94-1850 (La. 9/20/96), 679 So.2d 414; St. Amant v. 19th JDC 94-0567 (La. 9/3/96), 678 So.2d 536; State v. Boowell, 406 So.2d 213, 216 (La.1981); cf. State ex rel. Simmons v. Stalder, 93-1852 (La. 1/26/96), 666 So.2d 661.
CALOGERO, C.J., not on panel.
