State v. Moore

Decision Date30 March 1995
Citation651 So.2d 858
Parties94-1455 La
CourtLouisiana Supreme Court

Prior report: La.App., 640 So.2d 561.

In re Moore, George William;--Defendant(s); applying for writ of certiorari and/or review; Parish of St. Landry, 27th Judicial District Court, Div. "B", No. 92-0370-B; to the Court of Appeal, Third Circuit, No. CR93-1632.

Denied.

CALOGERO, C.J., and DENNIS and JOHNSON, JJ., would grant the writ.

MARCUS, J., not on panel.

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    ... ... See La.Code Crim.P. art. 882(A). Although resentencing is not required, this court should remand the case to the district court to amend the commitment and minute entry of the sentence to reflect that the defendant is to be given credit for time served. State v. Moore, 93-1632 (La.App. 3 Cir. 5/4/94); 640 So.2d 561, writ denied, 94-1455 (La.3/30/95); 651 So.2d 858. Even, as in this case, when a defendant is given a life sentence, the jurisprudence is clear that recipients of life sentences should be given credit for time served. See, e.g., State v. Howard, ... ...
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