Narrative Opinion Summary
Writ granted in part; otherwise denied. The Court of Appeal determined that the statute under which Dennis Doming was sentenced does not prohibit parole, as outlined in R.S. 14:100 and R.S. 15:529.1. Consequently, the district court is instructed to resentence Doming without a parole prohibition. His eligibility for parole will be assessed by the Department of Corrections in accordance with R.S. 15:574.4. Relevant case law includes St. Amant v. 19th J.D.C. and State ex rel. Simmons v. Stalder, which support the court's findings.
Legal Issues Addressed
Assessment of Parole Eligibilitysubscribe to see similar legal issues
Application: The Department of Corrections is responsible for assessing the defendant's eligibility for parole in accordance with the relevant statutory provisions.
Reasoning: His eligibility for parole will be assessed by the Department of Corrections in accordance with R.S. 15:574.4.
Parole Eligibility under Sentencing Statutessubscribe to see similar legal issues
Application: The Court of Appeal determines that the statute under which the defendant was sentenced does not prohibit parole, necessitating resentencing without such a prohibition.
Reasoning: The Court of Appeal determined that the statute under which Dennis Doming was sentenced does not prohibit parole, as outlined in R.S. 14:100 and R.S. 15:529.1.
Resentencing without Parole Prohibitionsubscribe to see similar legal issues
Application: The district court is directed to resentence the defendant without including a prohibition on parole, as the original sentencing statute does not mandate such a restriction.
Reasoning: Consequently, the district court is instructed to resentence Doming without a parole prohibition.
Supporting Case Law for Parole Determinationsubscribe to see similar legal issues
Application: The decision is supported by precedents which affirm the court's findings regarding parole eligibility and sentencing requirements.
Reasoning: Relevant case law includes St. Amant v. 19th J.D.C. and State ex rel. Simmons v. Stalder, which support the court's findings.