State ex rel. Walgamotte v. Blackburn

Supreme Court of Louisiana

State ex rel. Walgamotte v. Blackburn

481 So. 2d 1322, 1986 La. LEXIS 5562

CourtSupreme Court of Louisiana

DecidedFebruary 7, 1986

DocketNo. 85-KH-0422

StatusPublished

Cited by1 cases

This text of 481 So. 2d 1322 (State ex rel. Walgamotte v. Blackburn) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. Walgamotte v. Blackburn, 481 So. 2d 1322, 1986 La. LEXIS 5562 (La. 1986).

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Opinion

PER CURIAM.

Sentence to life without benefit, the maximum under the Habitual Offender Law, LSA-R.S. 15:529.1, for a fourth offender¹ before the court on the non-violent crime of possessing stolen things, LSA-R.S. 14:69, appears to be unconstitutionally excessive. Compare Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983). Defendant’s sentence is vacated and he is to be resentenced complying fully with LSA-C. Cr.P. art. 894.1.

SENTENCE VACATED; REMANDED TO TRIAL COURT.

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PER CURIAM.

Sentence to life without benefit, the maximum under the Habitual Offender Law, LSA-R.S. 15:529.1, for a fourth offender¹ before the court on the non-violent crime of possessing stolen things, LSA-R.S. 14:69, appears to be unconstitutionally excessive. Compare Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983). Defendant’s sentence is vacated and he is to be resentenced complying fully with LSA-C. Cr.P. art. 894.1.

SENTENCE VACATED; REMANDED TO TRIAL COURT.

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481 So. 2d 1322, 1986 La. LEXIS 5562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-walgamotte-v-blackburn-la-1986.

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