Opinion
No. 2000-KH-2034
April 12, 2001.
IN RE: Turner, Clifford; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, Nos. 97-5936; to the Court of Appeal, Fifth Circuit, No. 00-KH-1123
Writ granted in part; otherwise denied. Because R. S. 40:967 (B) (4)(b) allows and requires a prohibition on parole only for "the first five years" of the sentence, relator's sentence is amended to change the prohibition on parole for the entire 15-year term to a prohibition for only five years. See State v. Gardiner, 99-2040 (La. 12/17/99), 750 So.2d 994; State v. Malone, 31,726, p. 4 (La.App. 2d Cir. 1/20/99), 728 So.2d 503; State v. Hunter, 33,066, p. 11 (La.App. 2d Cir. 9/27/00), 768 So.2d 687, 694. The district court is directed to make an entry in the minutes reflecting this change. In all other respects, the application is denied.
CDT
PFC
HTL
CDK
BJJ
JPV
JTK