Summary
In State v. Yancy, 93-2798 (La. 5/31/96); 673 So.2d 1018, the supreme court amended the sentence to delete only that portion denying the defendant eligibility for parole where at the time of the crime there was no requirement of parole ineligibility.
Summary of this case from State v. BuckleyOpinion
No. 93-KH-2798
May 31, 1996
IN RE: Yancy, Checo; — Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of Orleans Criminal District Court Div. "J" Number 338-086.
Writ granted. Relator's sentence is amended to delete only that portion denying him eligibility for parole on his simple rape conviction. At the time of relator's crime, simple rape carried no parole ineligibility. See La.R.S. 14:43, 1975 La. Acts No. 612; cf. La.R.S. 14:43 (C), 1995 La. Acts No. 946; See also, La.C.Cr.P. art. 882A (appellate court may correct an illegal sentence at any time). In all other respects, the application is denied.
HTL
PFC
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JCW
EJB
VICTORY, J. not on panel.