State v. Johnson

Supreme Court of Louisiana

State v. Johnson

707 So. 2d 46, 1998 La. LEXIS 40, 1998 WL 41672

CourtSupreme Court of Louisiana

DecidedJanuary 16, 1998

DocketNo. 97-KO-2439

StatusPublished

Cited by1 cases

This text of 707 So. 2d 46 (State v. Johnson) 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. Johnson, 707 So. 2d 46, 1998 La. LEXIS 40, 1998 WL 41672 (La. 1998).

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Opinion

In re Johnson, Darrell T.; — Defendant(s); applying for supervisory and/or remedial writs; to the Court of Appeal, Fourth Circuit, No. 96KA-2305; Parish of Orleans, Criminal District Court, Div. “G”, No. 369-373.

Defendant’s four consecutive sentences of 99 years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence for armed robbery in violation of R.S. 14:64 are vacated and this case is remanded for resentencing. The record of sentencing does not provide an adequate factual basis for imposition of consecutive maximum terms of imprisonment for the 18 year old defendant, a first offender whose convictions arose out of the same course of conduct. La.C.Cr.P. art. 883. Upon resentencing the trial court must state for the record appropriate considerations taken into account in particularizing defendant’s sentence. La. C.Cr.P. art. 894.1(C).

TRAYLOR and KNOLL, JJ., would deny the writ. KIMBALL, J., not on panel.

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In re Johnson, Darrell T.; — Defendant(s); applying for supervisory and/or remedial writs; to the Court of Appeal, Fourth Circuit, No. 96KA-2305; Parish of Orleans, Criminal District Court, Div. “G”, No. 369-373.

Defendant’s four consecutive sentences of 99 years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence for armed robbery in violation of R.S. 14:64 are vacated and this case is remanded for resentencing. The record of sentencing does not provide an adequate factual basis for imposition of consecutive maximum terms of imprisonment for the 18 year old defendant, a first offender whose convictions arose out of the same course of conduct. La.C.Cr.P. art. 883. Upon resentencing the trial court must state for the record appropriate considerations taken into account in particularizing defendant’s sentence. La. C.Cr.P. art. 894.1(C).

TRAYLOR and KNOLL, JJ., would deny the writ. KIMBALL, J., not on panel.

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707 So. 2d 46, 1998 La. LEXIS 40, 1998 WL 41672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-johnson-la-1998.

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