Summary
In Narcisse, the supreme court did not state that it was required to remand the sentence because the case involved the exercise of sentencing discretion.
Summary of this case from State v. BuckleyOpinion
No. 97-K-3161
June 26, 1998
IN RE: Narcisse, Raymond; — Defendant(s); Applying for Supervisory and/or Remedial Writs; to the Court of Appeal, Third Circuit, Number CR97-0799; Parish of Lafayette 15th Judicial District Court Div. "I" Number 71158
Granted. See per curiam.
JTK
PFC
WFM
HTL
CDK
BJJ
CDT
VICTORY, J. not on panel.
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF LAFAYETTE
Granted. Relator's sentence is vacated and this case is remanded to the district court for resentencing.
A trial court may not require restitution to the victim "unless the imposition or execution of sentencing is suspended." State v. Clark, 93-1470 (La.App. 3 Cir.), 643 So.2d 463, 467, writ denied, 94-2715 (La. 2/9/95), 649 So.2d 418; State v. Matthews, 572 So.2d 250, 254 (La.App. 1 Cir. 1990), writ denied, 575 So.2d 387 (La. 1991). In addition, a trial judge lacks authority under La.R.S. 15:573.1(C) to deny a defendant eligibility for good time credits against his sentence, because that statute is "directed to the Department of Corrections exclusively." State ex rel. Simmons v. Stalder, 93-1852 (La. 1/26/96), 666 So.2d 661. Moreover, even the Department of Corrections lacks that authority under La.R.S. 15:571.3(C) 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. When the sentencing court is of the opinion that a denial of diminution of sentence is warranted under the specific circumstances of the case, the trial judge's discretion should be exercised under La.C.Cr.P. 890.1(B).