Cited by
Opinions in Louisiana that cite State v. Sepulvado, 367 So. 2d 762.
- State v. Torres 470 So. 2d 319 La. Ct. App. 5th Cir. 1985
- State v. Keller 470 So. 2d 325 La. Ct. App. 5th Cir. 1985
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State v. Rivers
470 So. 2d 351
La. Ct. App. 5th Cir. 1985
appeal after remand the court expressly stated that "the imposition of a sentence, although within the statutory limit, may violate a defendant's constitutional right against excessive punishment that is enforceable ...
- State v. Kelly 469 So. 2d 316 La. Ct. App. 2d Cir. 1985
- State v. Coleman 469 So. 2d 1069 La. Ct. App. 2d Cir. 1985
- State v. McGhee 469 So. 2d 1051 La. Ct. App. 2d Cir. 1985
- State v. Wilkins 468 So. 2d 1351 La. Ct. App. 1st Cir. 1985
- State v. Haslom 468 So. 2d 1354 La. Ct. App. 1st Cir. 1985
- State v. Rogers 468 So. 2d 1357 La. Ct. App. 1st Cir. 1985
- State v. Day 468 So. 2d 1336 La. Ct. App. 1st Cir. 1985
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State v. Terrase
468 So. 2d 729
La. Ct. App. 5th Cir. 1985
we held that "the imposition of a sentence, although within the statutory limit, may violate a defendant's constitutional rights against excessive punishment that is enforceable by this court on appellate review of his conviction."
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State v. Childs
466 So. 2d 1363
La. Ct. App. 3d Cir. 1985
see generally State v. *1366 Sepulvado, and its progeny.
- State v. Grow 467 So. 2d 159 La. Ct. App. 1st Cir. 1985
- State v. Brian 467 So. 2d 878 La. Ct. App. 3d Cir. 1985
- State v. Williams 467 So. 2d 1293 La. Ct. App. 4th Cir. 1985
- State v. Thomas 468 So. 2d 592 La. Ct. App. 2d Cir. 1985
- State v. Shows 467 So. 2d 1148 La. Ct. App. 2d Cir. 1985
- State v. Foster 467 So. 2d 1254 La. Ct. App. 2d Cir. 1985
- State v. Mitchell 468 So. 2d 3 La. Ct. App. 2d Cir. 1985
- State v. Carprue 468 So. 2d 602 La. Ct. App. 2d Cir. 1985
- State v. Nelson 467 So. 2d 1159 La. Ct. App. 2d Cir. 1985
- State v. Holmes 467 So. 2d 1177 La. Ct. App. 2d Cir. 1985
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State v. Elliott
467 So. 2d 1144
La. Ct. App. 2d Cir. 1985
To the contrary, the Supreme Court stated: In providing a wide range of criminal sanctions for violations of a statute, the legislature obviously intends that the judge shall exercise his sentencing discretion to impose sentences gradated according to individualized circumstances of the offense and the offender.
- State v. Devillier 466 So. 2d 807 La. Ct. App. 5th Cir. 1985
- State v. Mosley 466 So. 2d 733 La. Ct. App. 4th Cir. 1985
- State v. Hayes 466 So. 2d 767 La. Ct. App. 1st Cir. 1985
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State v. Simpson
464 So. 2d 1104
La. Ct. App. 3d Cir. 1985
State v. Sepulvado, [ ].
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State v. Maillian
464 So. 2d 1071
La. Ct. App. 1st Cir. 1985
Const. art. 1, section 20 (1974); (La.
- State v. Cook 466 So. 2d 40 La. Ct. App. 2d Cir. 1985
- State v. Winzer 465 So. 2d 817 La. Ct. App. 2d Cir. 1985
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State v. Cook
465 So. 2d 825
La. Ct. App. 2d Cir. 1985
To the contrary, the Supreme Court noted: In providing a wide range of criminal sanctions for violations of a statute, the legislature obviously intends that the judge shall exercise his sentencing discretion to impose sentences gradated according the individualized circumstances of the offense and of the offender.
- State v. Dufore 464 So. 2d 436 La. Ct. App. 1st Cir. 1985
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State v. Williams
464 So. 2d 443
La. Ct. App. 1st Cir. 1985
A sentence may still be considered excessive even if it is within the statutory limits, but we feel the sentence is not excessive in this case.
- State v. Brown 464 So. 2d 1030 La. Ct. App. 1st Cir. 1985
- State v. Bowman 464 So. 2d 1038 La. Ct. App. 1st Cir. 1985
- State v. Johnson 464 So. 2d 1049 La. Ct. App. 1st Cir. 1985
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State v. Brumfield
464 So. 2d 1061
La. Ct. App. 1st Cir. 1985
Although a sentence may still be considered excessive though within the statutory limit, we do not find the sentence in this case to be an abuse of trial court’s sentencing discretion.
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State v. Williams
464 So. 2d 1058
La. Ct. App. 1st Cir. 1985
1st Cir.1984) ( (La.App.
- State v. Munzy 464 So. 2d 1040 La. Ct. App. 1st Cir. 1985
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State v. See
462 So. 2d 1369
La. Ct. App. 1st Cir. 1985
State v. Sepulvado, [ ], supra.
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State v. Joseph
463 So. 2d 1014
La. Ct. App. 3d Cir. 1985
[2] As to determining what is excessive punishment under the United States Eighth Amendment's prohibition against cruel and unusual punishment, decided that the imposition of a sentence, even though within the statutory limits, may be unconstitutionally excessive in violation of Article 1, Section 20 of the Louisiana Constitution of 1974.
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State v. Hudson
463 So. 2d 93
La. Ct. App. 1st Cir. 1985
1979); State v. Sepulvado, [ ] supra.
- State v. Broussard 463 So. 2d 99 La. Ct. App. 1st Cir. 1985
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State v. Dickerson
463 So. 2d 106
La. Ct. App. 1st Cir. 1985
As to determining what is excessive punishment under the United States’ Eighth Amendment’s prohibition against cruel and unusual punishment, decided that the imposition of a sentence, even though within the statutory limits, may be unconstitutionally excessive in violation of Article 1, Section 20, of the Louisiana Constitution of *108 1974.
- State v. Roberts 463 So. 2d 1007 La. Ct. App. 1st Cir. 1985
- State v. Ashley 463 So. 2d 794 La. Ct. App. 2d Cir. 1985
- State v. Richardson 463 So. 2d 853 La. Ct. App. 2d Cir. 1985
- State v. Degrate 463 So. 2d 792 La. Ct. App. 2d Cir. 1985
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State v. Smith
463 So. 2d 42
La. Ct. App. 1st Cir. 1985
Louisiana Constitution Article I, Section 20
- State v. Dufrene 461 So. 2d 1263 La. Ct. App. 1st Cir. 1984