State v. Welch

Defendant’s conviction for second-degree murder in violation of La.R.S. 14:30.1 is affirmed. We agree with counsel, however, that the penalty imposed by the trial court of life imprisonment at hard'labor without benefit of “parole, probation, commutation or dimunition of sentence for a period of 40 years” is illegal and must be set aside. Cf, La.C.Cr.P. art. 882. This Court has consistently held under both La. Const. 1921, Art. V, § 10 and La. Const. 1974, Art. IV, § 5 that “[gubernatorial pardon or commutation, constitutionally permitted, may not be precluded by the terms of an imposed…