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State v. Smith

SUPREME COURT OF LOUISIANA
Mar 27, 2015
No. 2013-OK-1125 (La. Mar. 27, 2015)

Opinion

No. 2013-OK-1125

03-27-2015

STATE OF LOUISIANA v. MARK SMITH


ON SUPERVISORY WRITS TO THE FORTIETH JUDICIAL DISTRICT COURT FOR PARISH OF ST. JOHN

Guidry, J., dissents in part and assigns reasons.

I agree with the majority's finding that the district court erred in granting defendant's motion to correct an illegal sentence, resentencing him to a term of 21 years, and then ordering his release. However, I would first reinstate defendant's sentence of life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence for 20 years, see State v. Smith, 339 So.2d 829, 835 (La. 1976), and direct the district court to issue a new commitment order reinstating the sentence.


Summaries of

State v. Smith

SUPREME COURT OF LOUISIANA
Mar 27, 2015
No. 2013-OK-1125 (La. Mar. 27, 2015)
Case details for

State v. Smith

Case Details

Full title:STATE OF LOUISIANA v. MARK SMITH

Court:SUPREME COURT OF LOUISIANA

Date published: Mar 27, 2015

Citations

No. 2013-OK-1125 (La. Mar. 27, 2015)