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State v. Schleve12/20/2000
son, 97-1906 (La. 3/4/98), 709 So.2d 672, 677. Nevertheless, although the trial court apparently erred in imposing an illegally lenient sentence, this Court will not correct the sentence as the error is in defendant's favor and the state has not appealed the illegal sentence. See State v. Fraser, 484 So.2d 122 (La. 1986).
Additionally, we have discovered a second patent sentencing error in that the trial court stated that defendant was not to be eligible for good time credit. Apparently, defendant is ineligible for good time credits on the attempted simple burglary conviction because of his status as a multiple offender. See La. R.S. 15:571.3(C). However, except where otherwise provided by law, the provisions of La. R.S. 15:571.3(C) are directed to the Department of Corrections exclusively, and the sentencing judge has no role in the matter of good time credit. See State ex rel. Simmons v. Stalder, 93-1852 (La. 1/26/96), 666 So.2d 661, quoting Jackson v. Phelps, 506 So.2d 515, 517-18 (La. App. 1st Cir.), writ denied, 508 So.2d 829 (La. 1987). Accordingly, defendant's sentence on count one is amended to delete the prohibition of good time, and this matter is remanded to the trial court for amendment of the respective minute entries and criminal commitment, if necessary, in accordance therewith.
CONVICTION AND HABITUAL OFFENDER ADJUDICATION ON COUNT 1 AFFIRMED; SENTENCE ON COUNT 1 AMENDED AND AFFIRMED AS AMENDED; CONVICTION ON COUNT 2 REVERSED AND SENTENCE VACATED; ORDER OF ACQUITTAL ENTERED ON COUNT 2; AND REMANDED WITH ORDER.
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