State v. Sullivan

Defendant Harry Sullivan was charged with distribution of heroin in violation of La.R.S. 40:966, was tried by jury, and found guilty as charged. Subsequently he was sentenced to serve the rest of his natural life at hard labor without benefit of probation, parole or suspension of sentence. He now appeals his conviction and sentence to this Court.

While we find no grounds for reversal of defendant’s conviction, we note ex proprio motu that the sentence imposed was illegal. La.C.Cr.P. art. 920(2). At the time of the commission of this offense on April 3, 1974, the appropriate penalty for…