Opinion
NO. 2014 KW 0129
04-21-2014
STATE OF LOUISIANA v. JOHNNY WHITE
In Re: Johnny White, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tairmany, No. 287205.
BEFORE: KUHN, HIGGINBOTRAM AND THERIOT, JJ.
WRIT DENIED. Relator's assertion that district courts have the authority to resentence inmates following the 2012 repeal of La. R.S. 15:574.22 and La. R.S. 15:308(C) is incorrect. The legislature did not intend nor does La. R.S. 15:308 provide that these offenders may seek resentencing in the courts. Moreover, allowing the courts to reduce the offenders' final sentences would, in effect, commute a valid sentence, a power the legislature knows to be constitutionally reserved to the executive branch. See State v. Dick, 2006-2223 (La. 1/26/07), 951 So.2d 124, 133. See also State v. Surry, 48, 464 (La. App. 2d Cir. 8/2/13), 121 So.3d 804.
TMH
MRT
JEK
COURT OF APPEAL, FIRST CIRCUIT ___________________
DEPUTY CLERK OF COURT
FOR THE COURT