Opinion
No. 06-K-2905.
August 31, 2007.
On Writ of Certiorari to the Second Circuit Court of Appeal.
Granted in part. Defendant's sentence is amended to delete the denial of diminution of sentence for good behavior under La.R.S. 15:571.3(C).See State v. Narcisse, 97-3161, p. 1 (La. 6/26/98), 714 So.2d 698, 699 (Department of Corrections lacks authority to deny diminution of sentence for good behavior on a sentence imposed for a crime enumerated in La. R.S. 15:571.3(C)(1), "in a case in which the trial court has not formally adjudicated and sentenced the defendant as a multiple offender under the provisions of La.R.S. 15:529.1."); see La.R.S. 15:571.3(C)(2) and (3). In all other respects, the application is denied.