Opinion
08-27-2013
STATE OF LOUISIANA v. ALONZO AMBO
In Re: Alonzo Ambo, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 306632.
BEFORE: PARRO, GUIDRY, AND DRAKE, JJ.
WRIT DENIED. Act 123 of 2012 repealed La. R.S. 15:574.22, the statutory authority for the Louisiana Risk Review Panel and its procedures, and no particular procedure was established in its place. Relator appears to argue the trial court now has the authority and obligation to resentence under the more lenient penalty provision. See La. R.S. 15:308(B). As the Supreme Court recognized in State v. Dick, 2006-2223 (La. 1/26/07), 951 So.2d 124, 133, affirming 2006-1381 (La. App. 1st Cir. 7/20/06), 943 So.2d 389, allowing a court to reduce an offender's final sentence "would, in effect, commute a valid sentence, a power the legislature knows to be constitutionally reserved to the executive branch." See also State v. Surry, 48, 464 (La. App. 2d Cir. 8/2/13), __ So. 3d __, 2013 WL 3969613; State v. Dickerson, 48,308 (La. App. 2d Cir. 8/2/13), __ So.3d __, 2013 WL 3969612. The trial court did not err when it denied the motion to correct illegal sentence.
JMG
EGD
RHP
COURT OF APPEAL, FIRST CIRCUIT ______________________
DEPUTY CLERK OF COURT
FOR THE COURT