Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number

STATE EX REL. SIDNEY BIENEMY v. JOHN P. WHITLEY, WARDEN, LOUISIANA STATE PENITENTIARY.

Denied. The sentence imposed in 1975 represented the mandatory minimum term of years for a multiple offender convicted of armed robbery and sentenced under La.R.S. 15:529.1. The district court has no discretion to impose a lesser term of years and the court's correction of its sentence to reflect the requirement of law that the penalty run without benefit of parole, probation or suspension of sentence does not give rise to a presumption of vindictiveness under North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). Relator's corrected sentence rests on an "`on-the-record, wholly logical, non-vindictive reason. . . .'" State v. Lucas, 598 So.2d 338 (La. 1992) [quoting Texas v. McCullough, 475 U.S. 134, 140, 106 S.Ct. 976, 980, 89 L.Ed.2d 104 (1986)].

Use AI to get other relevant cases.

Comments

STATE EX REL. BIENEMY v. WHITLEY
(Nov 5, 1992)