Opinion
No. 97-K-2110
March 20, 1998
IN RE: Nabors, Christopher; — Defendant(s); Applying for Writ of Certiorari and/or Review; Parish of Orleans Criminal District Court Div. "F" Number 375-409; to the Court of Appeal, Fourth Circuit, Number 96KA-1427
Denied.
LEMMON, J. votes to grant. The statutory penalty is two to fifteen years at hard labor, "at least two without benefit of probation, parole, or suspension of sentence." While the trial judge is authorized to impose a sentence in excess of two years, there is no express authority to withhold parole eligibility beyond two years.
KIMBALL, J. votes to grant for reasons assigned by Lemmon, J.
JOHNSON, J. not on panel.