State v. McNeil

Supreme Court of Louisiana

State v. McNeil

623 So. 2d 1320, 1993 WL 364343

CourtSupreme Court of Louisiana

DecidedSeptember 17, 1993

DocketNo. 93-KO-0668

StatusPublished

Cited by2 cases

This text of 623 So. 2d 1320 (State v. McNeil) 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. McNeil, 623 So. 2d 1320, 1993 WL 364343 (La. 1993).

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Opinion

In re McNeil, Henry; — Defendant(s); applying for supervisory and/or remedial writs; to the Court of Appeal, Fourth Circuit, No. KA91-2265; Parish of Orleans, Criminal District Court, Div. “I”, No. 339-541.

Granted in part; denied in part. Defendant’s sentence is vacated and this case is remanded for resentencing. The record of sentencing does not demonstrate adequate compliance with LSA-C.Cr.P. art. 894.1 nor provide a factual basis for imposition of an apparently severe sentence of 20 years at hard labor on a second offender convicted of distributing one, ten-dollar rock of cocaine. Upon resentencing, the district court should comply with LSA-C.Cr.P. art. 894.1 as amended by Act 22 of 1991, which requires consideration of the sentencing guidelines promulgated by the Louisiana Sentence Commission in determining the appropriate sentence to be imposed. Defendant’s application is otherwise denied.

LEMMON, J., would deny the writ. MARCUS, J., not on panel.

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In re McNeil, Henry; — Defendant(s); applying for supervisory and/or remedial writs; to the Court of Appeal, Fourth Circuit, No. KA91-2265; Parish of Orleans, Criminal District Court, Div. “I”, No. 339-541.

Granted in part; denied in part. Defendant’s sentence is vacated and this case is remanded for resentencing. The record of sentencing does not demonstrate adequate compliance with LSA-C.Cr.P. art. 894.1 nor provide a factual basis for imposition of an apparently severe sentence of 20 years at hard labor on a second offender convicted of distributing one, ten-dollar rock of cocaine. Upon resentencing, the district court should comply with LSA-C.Cr.P. art. 894.1 as amended by Act 22 of 1991, which requires consideration of the sentencing guidelines promulgated by the Louisiana Sentence Commission in determining the appropriate sentence to be imposed. Defendant’s application is otherwise denied.

LEMMON, J., would deny the writ. MARCUS, J., not on panel.

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623 So. 2d 1320, 1993 WL 364343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcneil-la-1993.

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