Supreme Court of Louisiana
State ex rel. John Esteen v. State of Louisiana
January 30, 2018239 So. 3d 233
Summary
The Louisiana Supreme Court reversed and remanded, holding that sentences exceeding the maximum authorized under the retroactive, more lenient penalty provisions of La.R.S. 15:308(B) are illegal and must be corrected by the district court, while sentences that fall within both the old and new ranges are not illegal and must be sought through the committee on parole under La.R.S. 15:308(C). The Court harmonized the statutes without violating the separation of powers. Justice Weimer dissented, arguing the majority usurped the executive’s commutation authority.