Opinion
No. 58774.
March 9, 1977.
APPEAL FROM 10TH JUDICIAL DISTRICT COURT, PARISH OF NATCHITOCHES, STATE OF LOUISIANA, HONORABLE RICHARD B. WILLIAMS, J.
Sam Nelken, Natchitoches, for defendant-appellant.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Ronald C. Martin. Dist. Atty., Eric R. Harrington, Asst. Dist. Atty., for plaintiff-appellee.
While there is no merit to defendant's assignment of error, the sentence to twenty-five years at hard labor without benefit of probation, parole or pardon is improper. The gubernatorial power to pardon may not be precluded by the terms of a sentence. La.Const. Art. 4, § 5(E) (1974); State v. Williams, 338 So.2d 672 (La. 1976); State v. Spotville, 308 So.2d 763 (La. 1975).
Defendant's conviction is affirmed, but the sentence is vacated and set aside. The case is remanded to the trial court for resentencing in accordance with the foregoing.