Opinion
NO. 2018 KW 0369
06-26-2018
STATE OF LOUISIANA v. MARK ROY
In Re: Mark Roy, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 428-14. BEFORE: GUIDRY, PETTIGREW AND CRAIN, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. Relator's sentence is vacated, and the matter is remanded to the district court for resentencing. Pursuant to a plea agreement, relator pled guilty to the reduced charge of manslaughter and was to be sentenced to twenty-five years at hard labor. Subsequently, the court sentenced relator to twenty-five years at hard labor with the first ten years to be served without benefit of parole. La. R.S. 14:31(B) provides for imprisonment at hard labor for not more than forty years for a conviction of manslaughter, but does not restrict parole. Thus, the sentence imposed by the district court is an illegal sentence. See La. Code Crim. P. arts. 881.4(A) & 882. In all other aspects, relator's writ application is denied.
JTP
WJC
JMG
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT