From Casetext: Smarter Legal Research

State v. Prejean

Supreme Court of Louisiana
Feb 6, 2009
999 So. 2d 1135 (La. 2009)

Summary

In State v. Prejean, 08-1192 (La. 2/6/09), 999 So.2d 1135, the Louisiana Supreme Court held that the provisions of La.R.S. 15:537(A), which prohibits diminution of sentence for certain sex offenders, and the provisions of La.R.S. 15:571.

Summary of this case from State v. Watson

Opinion

No. 2008-K-1192.

February 6, 2009.

In re Prejean, Herbert Lee — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Lafayette, 15th Judicial District Court Div. L, Nos. 108-791; to the Court of Appeal, Third Circuit, No. 07-1269.


Granted in part; denied in part. As part of its review for patent error, and pursuant to La.R.S. 15:537(A), the court of appeal amended defendant's sentence to deny him eligibility for diminution of sentence for good behavior. State v. Prejean, 07-1269, p. 1 (La.App. 3rd Cir. 4/30/08), 981 So.2d 272, 274. That part of the court of appeal's judgment is vacated and defendant's original sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence is reinstated. The provisions of La.R.S. 15:537(A), see also La.R.S. 15:571.3(B)(2)(b), do not form part of the sentence that La.R.S. 14:42(D)(1) requires the trial judge to impose but are directives to the Department of Corrections in computing an inmate's sentence and, in any event, govern only cases in which a defendant is convicted of one of the crimes specified " and is sentenced for a stated number of years or months (emphasis added)." In all other respects, the application is denied.


Summaries of

State v. Prejean

Supreme Court of Louisiana
Feb 6, 2009
999 So. 2d 1135 (La. 2009)

In State v. Prejean, 08-1192 (La. 2/6/09), 999 So.2d 1135, the Louisiana Supreme Court held that the provisions of La.R.S. 15:537(A), which prohibits diminution of sentence for certain sex offenders, and the provisions of La.R.S. 15:571.

Summary of this case from State v. Watson

noting that the provisions of La. R.S. 15:537, like those of La. R.S. 15:571.3, are directives to the Department for computing an inmate's sentence with respect to good time credits

Summary of this case from Lewis v. La. Dep't of Pub. Safety & Corr.

In State v. Prejean, 08-1192 (La. 2/6/09), 999 So.2d 1135, the supreme court found the provisions of La.R.S. 15:537(A) did not form part of the sentence the trial judge was required to impose but were a directive to the Department of Corrections in computing an inmate's sentence.

Summary of this case from State v. Bienvenu
Case details for

State v. Prejean

Case Details

Full title:STATE of Louisiana v. Herbert Lee PREJEAN

Court:Supreme Court of Louisiana

Date published: Feb 6, 2009

Citations

999 So. 2d 1135 (La. 2009)

Citing Cases

State v. Sewell

Such a denial by the trial court would constitute error as the supreme court has held that the provisions of…

State v. Broussard

Such a denial by the trial court would constitute error as the supreme court has held that the provisions of…