Legal Opinion

State v. Hyde

Supreme Court of Louisiana

Decided November 21, 2007No. 07-OK-1314PublishedCited by 7 opinions

1Opinion of the Court

968 So.2d 726 (2007)

STATE of Louisiana

v.

Derrick HYDE.

No. 07-OK-1314.

Supreme Court of Louisiana.

November 21, 2007.

2Per curiam

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

The trial court erred in applying the sentencing law in effect on the date of defendant's conviction, 2005 La. Acts 497, as opposed to the law in effect at the time defendant committed the offense which led to his prosecution and conviction for D.W.I., fourth offense, i.e., 2001 La. Acts 1163. A strong presumption exists in Louisiana law that the statute in effect at…

3Cases cited5 opinions

  1. Weaver v. GrahamSupreme Court of the United States · 1981
  2. State v. SugastiSupreme Court of Louisiana · 2002
  3. State Ex Rel. Olivieri v. StateSupreme Court of Louisiana · 2001
  4. State v. MayeuxSupreme Court of Louisiana · 2002
  5. State v. WrightSupreme Court of Louisiana · 1980

4Cited by7 opinions

  1. Paul Massey v. Louisiana Department of Public Safety & CorrectionsSupreme Court of Louisiana · 2014
  2. State v. BARBAYLouisiana Court of Appeal · 2008
  3. State v. WetzelLouisiana Court of Appeal · 2010
  4. Paul Massey v. Louisiana Department of Public Safety & CorrectionsSupreme Court of Louisiana · 2014
  5. State of Louisiana Versus Nicholas PullenLouisiana Court of Appeal · 2019

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