Summary
In Alexander, a unanimous court, applying the same statutory provision and citing Delaney, vacated a 100-year sentence which it found illegal, stating simply: "The term of 100 years actually imposed on defendant clearly exceeds his natural life."
Summary of this case from United States ex Rel. Curtis v. BlackburnOpinion
No. 62003.
September 14, 1978.
APPEAL FROM CRIMINAL DISTRICT COURT, PARISH OF ORLEANS, STATE OF LOUISIANA, HONORABLE ALVIN V. OSER, J.
L. Howard McCurdy, Orleans Indigent Defender Program, New Orleans, for defendant-appellant.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., Louise S. Korns, Asst. Dist. Atty., for plaintiff-appellee.
Having been convicted of the offense of simple burglary, La.R.S. 14:62, and adjudicated a multiple offender under the provisions of La.R.S. 15:529.1, defendant was sentenced to serve one hundred years at hard labor. We note as an error patent on the face of the record of this appeal that the sentence is not authorized by law. See, La.C.Cr.P. art. 920(2).
La.R.S. 15:529.1(A)(3), as applied in this case, provides for a sentence of not less than twenty years not more than the accused's natural life. The term of 100 years actually imposed on defendant clearly exceeds his natural life, See, State v. Delaney, 359 So.2d 976 (979) (La. 1978), and therefore is illegal.
Accordingly, defendant's sentence is annulled and set aside, and the case is remanded to the district court for resentencing in accordance with law.