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STATE EX REL. LEE v. WHITLEY

No. 91-KH-1691.

605 So.2d 1112 (1992)

STATE ex rel. Robert LEE, v. John WHITLEY, Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

October 9, 1992.

Denied. Correction of relator's sentence to reflect that it runs without parole eligibility does not support a presumption of vindictiveness under North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). The requirement of law that relator must serve his sentence without parole represents a "wholly logical, non-vindictive reason ...,'" negating any presumption of vindictiveness. State v. Lucas,

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