Legal Opinion

State v. Bonier

Louisiana Court of Appeal

Decided May 24, 1991No. K91-534PublishedCited by 5 opinions

1Opinion of the Court

ORDER

WRIT GRANTED AND MADE PEREMPTORY:

An illegally lenient sentence may be corrected by the sentencing court upon motion of the state or defendant by imposition of a legal sentence of a term of years to be served without benefit of parole, probation or suspension of sentence in accordance with the mandatory provisions of the criminal statute. La.R.S. 14:64; La.C.Cr.P. art. 882; State v. Fraser, 484 So.2d 122 (La.1986).

If the correction of the illegally lenient sentence results in a harsher sentence than that originally imposed as a result of adding parole ineligibility, then the record should…

2Cases cited4 opinions

  1. State v. FraserSupreme Court of Louisiana · 1986
  2. State v. DesdunesSupreme Court of Louisiana · 1991
  3. State Ex Rel. Jackson v. SmithSupreme Court of Louisiana · 1991
  4. State v. WashingtonSupreme Court of Louisiana · 1991

3Cited by5 opinions

  1. State v. BellLouisiana Court of Appeal · 1993
  2. State of Louisiana v. Christopher J. BrownLouisiana Court of Appeal · 2015
  3. State of Louisiana v. Warren FuselierLouisiana Court of Appeal · 2004
  4. State v. BrownLouisiana Court of Appeal · 2015
  5. State v. FuselierLouisiana Court of Appeal · 2004

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