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State Ex Rel. Hebert v. State
883 So. 2d 1003
| La. | 2004
|
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883 So. 2d 1003 (2004)

STATE ex rel. Edward J. HEBERT
v.
STATE of Louisiana.

No. 2003-KH-2474.

Supreme Court of Louisiana.

October 1, 2004.

Writ granted in part; otherwise denied. Because the terms of the statutes under which relator was sentenced do not include a prohibition on diminution of sentence pursuant to R.S. 15:571.3, see R.S. 14:31, relator's sentence is amended to delete the prohibition. Relator's eligibility is to be determined by the Department of Corrections pursuant to R.S. 15:571.3. State ex rel. Simmons v. Stalder, 93-1852 (La.1/26/96), 666 So. 2d 661; cf. State ex rel. Meeks v. State, 98-1930 (La.1/29/99), 736 So. 2d 820; St. Amant v. 19th J.D.C., 94-0567 (La.9/3/96), 678 So. 2d 536. The district court is directed to make an entry in the minutes reflecting this change. In all other respects, the writ is denied.

Case Details

Case Name: State Ex Rel. Hebert v. State
Court Name: Supreme Court of Louisiana
Date Published: Oct 1, 2004
Citation: 883 So. 2d 1003
Docket Number: 2003-KH-2474
Court Abbreviation: La.
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