Opinion
No. 95-KH-1762
June 20, 1997
IN RE: Manshack, Roderick; — Defendant(s); Applying for Supervisory and/or Remedial Writ; Parish of Jefferson 24th Judicial District Court Div. "B" Number 94-352; to the Court of Appeal, Fifth Circuit, Number 95KW-0475
Writ granted; case remanded. The district court is ordered to review the record and, unless it reflects that "the victim was killed as a result of receiving a battery and was under the age of ten years," to remove from relator's sentence the language prohibiting parole, which is not otherwise mandated. See R.S. 14:31 (B). In all other respects the application is denied.
WFM
PFC
CDK
BJJ
JPV
CDT
JTK
LEMMON, J. not on panel.