Preview:

SUPREME COURT OF LOUISIANA No. 93-KH-2536 STATE OF LOUISIANA v. GREGORY BECNEL On Writ of Certiorari to the Fifth Circuit Court of Appeal PER CURIAM:* We granted relator's writ application to resolve a split in the courts of appeal and to decide whether, as relator urges and one court of appeal has held, a term of imprisonment not at hard labor imposed as a special condition of probation pursuant to La.C.Cr.P. art. 895(B) must be added to the period of probation imposed to compute the total amount of probation time, which under La.C.Cr.P. art. 893(A) may not exceed five years. See

State v. Brown, 93-2305, pp. 3-4 (La. App. 4th Cir. 11/17/94), 645 So.2d 1282, 1284; State v. Sartain, 571 So.2d 192, 194 (La. App. 4th Cir. 1990). The lower courts held to the contrary in

the instant case, deciding that such a term of imprisonment does not count towards the maximum five-year probationary period imposed by the district court in sentencing relator. See Becnel

v. State, No. 93-KH-515 (La. App. 5th Cir. Jul. 21, 1993). The Legislature first set a five-year maximum on the length of a term of probation in 1942. See 1942 La. Acts No. 49; see

also Dale E. Bennett, Criminal Law and Procedure, 21 La.L. Rev. 66, 74 (reviewing major 1960 revision to codal articles on
*

Victory, J., not on panel.

See Rule IV, Part 2,

Download 93-KH-2536.pdf

Louisiana Law