Opinion
NO. 2016 KW 0729
08-08-2016
STATE OF LOUISIANA v. MICHAEL DANE NYBERG
In Re: Michael Dane Nyberg, Jr., applying for supervisory writs, 23rd Judicial District Court, Parish of Assumption, No. 12-CR-71. BEFORE: HIGGINBOTHAM, THERIOT, AND CHUTZ, JJ.
WRIT DENIED. The sentencing transcript reflects that the sentencing judge ordered the sentences to run concurrently with each other "for a total of seventeen years without benefit of probation, parole, or suspension of the sentence." Accordingly, the judge imposed the entire seventeen-year sentence for the indecent behavior with a juvenile conviction without benefit of probation, parole, or suspension of sentence. This was within the judge's discretion. See La. R.S. 14:81(H)(2).
TMH
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT