State v. Webster

Supreme Court of Louisiana

State v. Webster

805 So. 2d 1178, 2002 La. LEXIS 364, 2002 WL 92936

CourtSupreme Court of Louisiana

DecidedJanuary 25, 2002

DocketNo. 2001-K-0397

StatusPublished

This text of 805 So. 2d 1178 (State v. Webster) 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. Webster, 805 So. 2d 1178, 2002 La. LEXIS 364, 2002 WL 92936 (La. 2002).

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Opinion

PER CURIAM.

Gíanted. This case is remanded to the district court for purposes of providing the defendant with an opportunity to show that he is the exceptional offender for whom the “legislature’s failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case,” requires a sentence less than the mandatory penalty specified by the legislature. State v. Johnson, 97-1906, p. 8, 709 So.2d 672, 677. In the event that the defendant carries his burden under Johnson, which had not been decided when the defendant was originally sentenced, the trial court shall vacate the life sentence previously imposed and resentence the defendant to the longest sentence which is not excessive as a matter of La. Const. Art. I, § 20. Johnson, 97-1906 at 9, 709 So.2d at 677.

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PER CURIAM.

Gíanted. This case is remanded to the district court for purposes of providing the defendant with an opportunity to show that he is the exceptional offender for whom the “legislature’s failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case,” requires a sentence less than the mandatory penalty specified by the legislature. State v. Johnson, 97-1906, p. 8, 709 So.2d 672, 677. In the event that the defendant carries his burden under Johnson, which had not been decided when the defendant was originally sentenced, the trial court shall vacate the life sentence previously imposed and resentence the defendant to the longest sentence which is not excessive as a matter of La. Const. Art. I, § 20. Johnson, 97-1906 at 9, 709 So.2d at 677.

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Bluebook (online)

805 So. 2d 1178, 2002 La. LEXIS 364, 2002 WL 92936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-webster-la-2002.

Opinion

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