Opinion
No. 85-K-0833.
May 31, 1985. Writ Denied June 28, 1985.
IN RE: Scroggins, Mark A.; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Second Circuit, Number 16, 733-KA; Parish of Caddo 1st Judicial District Court Div. "D" Number 125,317.
Granted in part. See order. Otherwise denied.
DENNIS, J., would grant the writ.
Granted in part. The sentence of one year at hard labor without benefit of parole was illegal. The maximum sentence for illegal use of a weapon is two years with or without hard labor, and the maximum for an attempt to commit a crime is one-half of the longest term of imprisonment for the offense so attempted. La.R.S. 14:94 and 27. There is no provision in either statute that the sentence be without benefit. Accordingly, the sentence is set aside, and the case is remanded to the trial court for resentencing in accordance with law. Otherwise, the application is denied.