State v. Dean

Supreme Court of Louisiana

State v. Dean

438 So. 2d 213, 1983 La. LEXIS 11508

CourtSupreme Court of Louisiana

DecidedSeptember 23, 1983

DocketNo. 83-KA-0281

StatusPublished

Cited by2 cases

This text of 438 So. 2d 213 (State v. Dean) 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 v. Dean, 438 So. 2d 213, 1983 La. LEXIS 11508 (La. 1983).

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Opinion

PER CURIAM.

Defendant was charged by bill of information with armed robbery in violation of La.R.S. 14:64. After trial by jury on February 12, 1982, he was found guilty as charged. On April 28, 1982, the trial court then sentenced him to sixty-five (65) years’ imprisonment without benefit of suspension of sentence and probation or parole. Defendant has now appealed his conviction and sentences to this Court arguing the three assignments of error filed below.

We have reviewed defendant’s assignments challenging the trial court’s ruling on the voluntariness of his confession and find them without merit. Defendant’s conviction is therefore affirmed. However, we find merit in counsel’s argument that the trial court has imposed an excessive sentence in this ease. Defendant’s prior juvenile record, and the circumstances of his present offense, may have justified a finding that he warranted a substantial sentence of imprisonment. As we noted in State v. Douglas, 389 So.2d 1263, 1267 (La.1980) armed robbery is an offense “strongly condemned by our legislature” and punished accordingly. Nevertheless, we do not agree with the trial court’s conclusion that at the age of 17, this first felony offender has “[no] chance of rehabilitation” and that the court had “no other alternative” than to impose a sentence close to the maximum. Defendant’s sentence appears disproportionately severe when compared to the penalties imposed in other armed robbery cases with more aggravating circumstances. See, e.g., State v. Smith, 433 So.2d 688 (La.1983); State v. Williams, 414 So.2d 371 (La.1982) and when compared to the 15 year sentence imposed by a different judge on defendant’s co-perpetrator for the same degree of culpability.

[214]*214Accordingly, defendant’s conviction is affirmed but his sentence is vacated and the case remanded to the trial court for resen-tencing in accord with the law.

CONVICTION AFFIRMED; SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.

BAILES, J., substitutes for MARCUS, J. LEMMON, J., concurs. WATSON, J., dissents from the remand for resentence.

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PER CURIAM.

Defendant was charged by bill of information with armed robbery in violation of La.R.S. 14:64. After trial by jury on February 12, 1982, he was found guilty as charged. On April 28, 1982, the trial court then sentenced him to sixty-five (65) years’ imprisonment without benefit of suspension of sentence and probation or parole. Defendant has now appealed his conviction and sentences to this Court arguing the three assignments of error filed below.

We have reviewed defendant’s assignments challenging the trial court’s ruling on the voluntariness of his confession and find them without merit. Defendant’s conviction is therefore affirmed. However, we find merit in counsel’s argument that the trial court has imposed an excessive sentence in this ease. Defendant’s prior juvenile record, and the circumstances of his present offense, may have justified a finding that he warranted a substantial sentence of imprisonment. As we noted in State v. Douglas, 389 So.2d 1263, 1267 (La.1980) armed robbery is an offense “strongly condemned by our legislature” and punished accordingly. Nevertheless, we do not agree with the trial court’s conclusion that at the age of 17, this first felony offender has “[no] chance of rehabilitation” and that the court had “no other alternative” than to impose a sentence close to the maximum. Defendant’s sentence appears disproportionately severe when compared to the penalties imposed in other armed robbery cases with more aggravating circumstances. See, e.g., State v. Smith, 433 So.2d 688 (La.1983); State v. Williams, 414 So.2d 371 (La.1982) and when compared to the 15 year sentence imposed by a different judge on defendant’s co-perpetrator for the same degree of culpability.

[214]*214Accordingly, defendant’s conviction is affirmed but his sentence is vacated and the case remanded to the trial court for resen-tencing in accord with the law.

CONVICTION AFFIRMED; SENTENCE VACATED AND CASE REMANDED FOR RESENTENCING.

BAILES, J., substitutes for MARCUS, J. LEMMON, J., concurs. WATSON, J., dissents from the remand for resentence.

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438 So. 2d 213, 1983 La. LEXIS 11508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dean-la-1983.

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