Legal Opinion
State v. Diaz
Supreme Court of Louisiana
Decided April 2, 1993No. 93-K-0357PublishedCited by 22 opinions
1Opinion of the Court
615 So.2d 1336 (1993)
STATE of Louisiana
v.
Paul DIAZ.
No. 93-K-0357.
Supreme Court of Louisiana.
April 2, 1993.
2Per curiam
Granted in part; denied in part. Treating the penalty imposed by the district court as an illegal sentence which may be corrected "at any time ... by an appellate court on review," La.Code Crim.Proc. art. 882, defendant's sentence is vacated and this case is remanded to the district court for resentencing.
After conviction of second degree battery, defendant was sentenced to serve five years at hard labor (the maximum sentence). The sentence was suspended, and defendant was placed on…
3Cases cited3 opinions
- State v. WagnerSupreme Court of Louisiana · 1982
- State v. JonesLouisiana Court of Appeal · 1985
- State v. HolmesLouisiana Court of Appeal · 1986
4Cited by22 opinions
- State v. PerezLouisiana Court of Appeal · 2007
- State v. FortierLouisiana Court of Appeal · 2003
- State v. DevareLouisiana Court of Appeal · 2003
- State v. BecnelSupreme Court of Louisiana · 1996
- State v. BrackLouisiana Court of Appeal · 2000
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