State v. Saulsberry

Supreme Court of Louisiana

State v. Saulsberry

619 So. 2d 563, 1993 La. LEXIS 2030, 1993 WL 219191

CourtSupreme Court of Louisiana

DecidedJune 18, 1993

DocketNo. 93-K-0828

StatusPublished

This text of 619 So. 2d 563 (State v. Saulsberry) 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.

Bluebook

State v. Saulsberry, 619 So. 2d 563, 1993 La. LEXIS 2030, 1993 WL 219191 (La. 1993).

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Opinion

In re Saulsberry, Kenneth; — Defendants); applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. KA92-0574; Parish of Terrebonne, Thirty-Second Judicial District Court, Div. “B”, No. 216,159.

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 La.C.Cr.P. art. 894.1, nor provide a factual basis for imprisonment for the defendant, a second felony offender. Upon resentencing, the district court should comply with La.C.Cr.P. art. 894.1 as amended by Act 22 of 1991, which requires consideration of the sentencing guidelines promulgated by the Louisiana Sentencing Commission in determining the appropriate sentence to be imposed. Defendant’s application is otherwise denied.

LEMMON, J., dissents from the order. MARCUS, J., not on panel.

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In re Saulsberry, Kenneth; — Defendants); applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. KA92-0574; Parish of Terrebonne, Thirty-Second Judicial District Court, Div. “B”, No. 216,159.

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 La.C.Cr.P. art. 894.1, nor provide a factual basis for imprisonment for the defendant, a second felony offender. Upon resentencing, the district court should comply with La.C.Cr.P. art. 894.1 as amended by Act 22 of 1991, which requires consideration of the sentencing guidelines promulgated by the Louisiana Sentencing Commission in determining the appropriate sentence to be imposed. Defendant’s application is otherwise denied.

LEMMON, J., dissents from the order. MARCUS, J., not on panel.

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Bluebook (online)

619 So. 2d 563, 1993 La. LEXIS 2030, 1993 WL 219191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-saulsberry-la-1993.