STATE v. NARCISSE

Reset A A Font size: Print

Supreme Court of Louisiana.

STATE of Louisiana v. Raymond NARCISSE.

No. 97-K-3161.

    Decided: June 26, 1998

Granted. Relator's sentence is vacated and this case is remanded to the district court for resentencing.

 A trial court may not require restitution to the victim “unless the imposition or execution of sentencing is suspended.”   State v. Clark, 93-1470 (La.App. 3 Cir.1994), 643 So.2d 463, 467, writ denied, 94-2715 (La.2/9/95), 649 So.2d 418;  State v. Matthews, 572 So.2d 250, 254 (La.App. 1 Cir.1990), writ denied, 575 So.2d 387 (La.1991).   In addition, a trial judge lacks authority under La.R.S. 15:573.3(C) to deny a defendant eligibility for good time credits against his sentence, because that statute is “directed to the Department of Corrections exclusively.”  State ex rel. Simmons v. Stalder, 93-1852 (La.1/26/96), 666 So.2d 661.   Moreover, even the Department of Corrections lacks that authority under La.R.S. 15:571.3(C) in a case in which the trial court has not formally adjudicated and sentenced the defendant as a multiple offender under the provisions of La.R.S. 15:529.1. When the sentencing court is of the opinion that a denial of diminution of sentence is warranted under the specific circumstances of the case, the trial judge's discretion should be exercised under La.C.Cr.P. 890.1(B).

FOOTNOTES

FOOTNOTE.  

 PER CURIAM.* FN* Victory, J., not on panel.   Rule IV, part 2, § 3.

FindLaw Career Center

    Select a Job Title


      Post a Job  |  Careers Home

    View More