Opinion
NO. 2018 KW 0723
09-05-2018
STATE OF LOUISIANA v. ALVIS BAHAM
In Re: Alvis Bahara, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 529,268-1. BEFORE: GUIDRY, THERIOT, AND PENZATO, JJ.
WRIT GRANTED. In the instant case, there is a discrepancy between the sentencing minutes and the sentencing transcript as the transcript reflects the district court did not restrict parole eligibility when it imposed relator's sentence in this matter. It is well settled that where there is a discrepancy between a minute entry and the transcript, the transcript prevails. See State v. Lynch, 441 So.2d 732, 734 (La. 1983). Accordingly, the district court is INSTRUCTED to amend the criminal minute entry to delete the prohibition on parole eligibility on relator's habitual offender sentence, and the district court is ORDERED to forward the amended minute entry to the Department of Corrections Legal Department and the officer in charge of the institution at which relator is housed. See La. Code Crim. P. art. 892(B)(2); State ex rel. Roland v. State, 2006-0244 (La. 9/15/06), 937 So.2d 846 (per curiam).
JMG
MRT
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT