State v. Tenner

Supreme Court of Louisiana

State v. Tenner

599 So. 2d 1091, 1992 La. LEXIS 2152, 1992 WL 136613

CourtSupreme Court of Louisiana

DecidedJune 19, 1992

DocketNo. 92-K-0208

StatusPublished

Cited by2 cases

This text of 599 So. 2d 1091 (State v. Tenner) 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. Tenner, 599 So. 2d 1091, 1992 La. LEXIS 2152, 1992 WL 136613 (La. 1992).

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Opinion

PER CURIAM.

Defendant’s application for a writ of review is granted.

The consecutive, maximum sentences of 99 years at hard labor without benefit of suspension of sentence, probation, or parole, imposed on two counts of armed robbery in violation of LSA-R.S. 14:64 are excessive. Even considering defendant’s criminal record, including two prior felony convictions and several arrests, and the circumstances of the offense which involved robbery at gunpoint of a cashier and a store patron at a convenience store, the record of sentencing does not provide an adequate factual basis or justification for imposition of consecutive, maximum sentences for offenses committed during the [1092]*1092same transaction. See LSA-C.Cr.P. Art. 883.

Accordingly, defendant’s sentences are amended to provide that the sentences shall run concurrently rather than consecutively.

Defendant's other assignments of error are without merit.

WRIT GRANTED; SENTENCES AMENDED.

COLE, J., would deny the writ.

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PER CURIAM.

Defendant’s application for a writ of review is granted.

The consecutive, maximum sentences of 99 years at hard labor without benefit of suspension of sentence, probation, or parole, imposed on two counts of armed robbery in violation of LSA-R.S. 14:64 are excessive. Even considering defendant’s criminal record, including two prior felony convictions and several arrests, and the circumstances of the offense which involved robbery at gunpoint of a cashier and a store patron at a convenience store, the record of sentencing does not provide an adequate factual basis or justification for imposition of consecutive, maximum sentences for offenses committed during the [1092]*1092same transaction. See LSA-C.Cr.P. Art. 883.

Accordingly, defendant’s sentences are amended to provide that the sentences shall run concurrently rather than consecutively.

Defendant's other assignments of error are without merit.

WRIT GRANTED; SENTENCES AMENDED.

COLE, J., would deny the writ.

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Bluebook (online)

599 So. 2d 1091, 1992 La. LEXIS 2152, 1992 WL 136613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tenner-la-1992.

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