
    STATE of Louisiana v. Isaac WELCH, Jr.
    No. 84-KA-1530.
    Supreme Court of Louisiana.
    Jan. 18, 1985.
    Rehearing Denied March 21,1985.
    
    William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Douglas H. Greenburg, Dist. Atty., for plaintiff-appel-lee.
    Warren Daigel, Jr., Jackie M. Marve, Indigent Defender Program, Houma, for defendant-appellant.
    
      
       DIXON, C.J., concurs in the denial. Defendant raises a "Sandstrom" error. Even defendant’s own testimony showed he intended to shoot the victim. This record does not show that the erroneous "Sandstrom" instruction undermines confidence in the reliability if the verdict.
    
   PER CURIAM.

Defendant’s conviction for second-degree murder in violation of La.R.S. 14:30.1 is affirmed. We agree with counsel, however, that the penalty imposed by the trial court of life imprisonment at hard'labor without benefit of “parole, probation, commutation or dimunition of sentence for a period of 40 years” is illegal and must be set aside. Cf, La.C.Cr.P. art. 882. This Court has consistently held under both La. Const. 1921, Art. V, § 10 and La. Const. 1974, Art. IV, § 5 that “[gubernatorial pardon or commutation, constitutionally permitted, may not be precluded by the terms of an imposed sentence.” State v. Williams, 338 So.2d 672, 678 (La.1976); State v. Lewis, 343 So.2d 732 (La.1977); State v. Spotville, 308 So.2d 763 (La.1975); State v. Varice, 292 So.2d 703 (La.1974).

Defendant’s sentence is therefore amended; the words “commutation or diminution of sentence” are removed. In all other respects, the sentence imposed by the trial judge is affirmed.

CONVICTION AFFIRMED; SENTENCE AMENDED AND AS AMENDED AFFIRMED.  