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STATE OF LOUISIANA v. RAYMOND NARCISSE

Granted. See per curiam.

JTK

PFC

WFM

HTL

CDK

BJJ

CDT

VICTORY, J. not on panel.

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF LAFAYETTE

PER CURIAM[fn*] [fn*] Victory, J., not on panel. Rule IV, part 2, § 3.

Granted. Relator's sentence is vacated and this case is remanded to the district court for resentencing.

A trial court may not require restitution to the victim "unless the imposition or execution of sentencing is suspended." State v. Clark, 93-1470 (La.App. 3 Cir.), 643 So.2d 463, 467, writ denied, 94-2715 (La. 2/9/95), 649 So.2d 418; State v. Matthews, 572 So.2d 250, 254 (La.App. 1 Cir. 1990), writ denied, 575 So.2d 387 (La. 1991). In addition, a trial judge lacks authority under La.R.S. 15:573.1(C) to deny a defendant eligibility for good time credits against his sentence, because that statute is "directed to the Department of Corrections exclusively." State ex rel. Simmons v. Stalder, 93-1852 (La. 1/26/96), 666 So.2d 661. Moreover, even the Department of Corrections lacks that authority under La.R.S. 15:571.3(C) in a case in which the trial court has not formally adjudicated and sentenced the defendant as a multiple offender under the provisions of La.R.S. 15:529.1. When the sentencing court is of the opinion that a denial of diminution of sentence is warranted under the specific circumstances of the case, the trial judge's discretion should be exercised under La.C.Cr.P. 890.1(B).

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STATE v. NARCISSE, 97-3161 (La. 6/26/98)
(Jun 26, 1998)