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State ex rel Hill v. State

Supreme Court of Louisiana
Jun 27, 1997
696 So. 2d 983 (La. 1997)

Opinion

No. 96-KH-1002

June 27, 1997

IN RE: Hill, Isiah; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Supervisory and/or Remedial Writs; Parish of Jefferson 24th Judicial District Court Div. "S" Number 95-776; to the Court of Appeal, Fifth Circuit, Number 96-KW-0206


Writ granted. Because the terms of the statute under which relator was sentenced do not include a prohibition on parole, see R.S. 40:967(C)(2), the district court is directed to resentence relator to a term which does not include such a prohibition. Relator's parole eligibility "is to be determined by the Department of Corrections pursuant to R.S. 15:574.4" St. Amant v. 19th J.D.C., 94-0567 (La. 9/3/96), 678 So.2d 536; State v. Bell, 543 So.2d 965, 970 (La.App. 4th Cir. 1989); see also State v. Langlois, 620 So.2d 1193, 1195 (La.App. 4th Cir. 1993); cf. State ex rel. Simmons v. Stalder, 93-1852 (La. 1/26/96) 666 So.2d 661; Jackson v. Phelps, 506 So.2d 515, 517-18 (La.App. 1st Cir. 1987), writ denied, 508 So.2d 829 (La. 1987).

JTK

PFC

WFM

HTL

BJJ

JPV

CDT

KIMBALL, J. not on panel.


Summaries of

State ex rel Hill v. State

Supreme Court of Louisiana
Jun 27, 1997
696 So. 2d 983 (La. 1997)
Case details for

State ex rel Hill v. State

Case Details

Full title:STATE OF LOUISIANA EX REL ISIAH HILL vs. STATE OF LOUISIANA

Court:Supreme Court of Louisiana

Date published: Jun 27, 1997

Citations

696 So. 2d 983 (La. 1997)

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