2001-K-0588 Precedential Processed

State v. McBride

Louisiana Supreme Court · Filed February 8, 2002 · 807 So. 2d 836

Cited by

State v. Sims 106 So. 3d 709 La. Ct. App. 1st Cir. 2012
State v. Batiste 947 So. 2d 810 La. Ct. App. 4th Cir. 2006
State v. Johnson 862 So. 2d 237 La. Ct. App. 1st Cir. 2003
State v. Woodward 844 So. 2d 236 La. Ct. App. 5th Cir. 2003

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Cook 674 So. 2d 957
State v. Humphrey 445 So. 2d 1155
State v. Soraparu 703 So. 2d 608
State v. Sepulvado 367 So. 2d 762
State v. Bonanno 384 So. 2d 355

Opinion text

807 So.2d 836 (2002) STATE of Louisiana v. Robert B. McBRIDE. No. 2001-K-0588. Supreme Court of Louisiana. February 8, 2002. PER CURIAM. Writ Granted. The judgment of the court of appeal, substituting a parole-ineligible 15-year term for the defendant's original sentence, is vacated and the sentence imposed by the district court is reinstated. On sentence review the only pertinent query is "whether the trial court abused its broad sentencing discretion, not whether another sentence might have been more appropriate." State v. Cook, 95-2784, p. 4 (La.5/31/96), 674 So.2d 957, 959 (quoting State v. Humphrey, 445 So.2d 1155, 1165 (La.1984)), cert. denied, 519 U.S. 1043 , 117 S.Ct. 615 , 136 L.Ed.2d 539 (1996). See State v. Soraparu, 97-1027 (La.10/13/97), 703 So.2d 608 . After an extensive sentencing hearing, the trial court carefully weighed both aggravating and mitigating factors, articulated reasons for choice of punishment and imposed a sentence within statutory range. The record adequately supports the sentencing choice, and punishment is neither disproportionate to the offense nor the infliction of needless pain and suffering. State v. Sepulvado, 367 So.2d 762, 767 (La.1979); State v. Bonanno, 384 So.2d 355 (La.1980).