Nicholas v. Phelps

ALFORD, Judge.

These consolidated cases were brought by several inmates incarcerated at Washington Correctional Institute in Washington Parish, Louisiana. The sole issue before this court is whether plaintiffs are entitled to diminution of their sentences for good behavior where the sentencing judge omitted stating their ineligibility.

Plaintiffs were all sentenced as habitual offenders under LSA-R.S. 15:529.1. LSA-R.S. 15:571.3(B) and (C) provide as follows:

B. Every inmate in the custody of the Department of Corrections who has been convicted of a felony and sentenced to imprisonment for a…