DocketDrift

Real-time tracking of state judicial trends.

Outcomes

Public record · Human review · No verdicts asserted

Cited by

Opinions in Louisiana that cite State v. Franks, 373 So. 2d 1307.

125 citing documents.

  • State of Louisiana v. Cassetti Dewayne Brown, Jr. La. Ct. App. 3d Cir. 2022
  • State of Louisiana v. Cassetti Dewayne Brown, Jr. La. Ct. App. 3d Cir. 2020
  • State of Louisiana v. Danial Lewayne Lafleur -Aka- Daniel Lafleur -Aka- Daniel Lee Lafleur -Aka- Danial Lafleur La. Ct. App. 3d Cir. 2017
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when “there appear[s] to be a substantial possibility that the defendant‟s complaints of an excessive sentence ha[ve] merit.”
  • State v. Lafleur 209 So. 3d 927 La. Ct. App. 1st Cir. 2017
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circum *932 stances but also factors militating for a less severe sentence, (La.
  • State of Louisiana v. Gabe McKeel, Jr. La. Ct. App. 3d Cir. 2014
    art. 894.1, which requires a sentencing court to “state for the record the considerations taken into account and the factual basis therefore in imposing sentence.”
  • State v. McKeel 153 So. 3d 1029 La. Ct. App. 1st Cir. 2014
    art. 894.1, which requires a sentencing court to “state for the record the considerations taken into account and the factual basis therefore in imposing sentence.”
  • State v. Williams 129 So. 3d 692 La. Ct. App. 1st Cir. 2013
    However, in Messer , the Court merely noted that, “[a]s a general rule, the imposition of consecutive rather than concurrent sentences for crimes arising from a single course of conduct requires particular justification.” 408 So.2d at 1357 , (imposition of consecutive sentences requires particular justification), (trial court did not specify reasons for issuing consecutive sentences).
  • State v. Sims 106 So. 3d 709 La. Ct. App. 1st Cir. 2012
    Additionally, it would be inappropriate to remand for resentencing based on the court’s failure to list all the criteria listed in Article 894.1: In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentenc-ing is appropriate only when “there appear[s] to be a substantial possibility that the defendant’s complaints of an excessive
  • State v. Martin 72 So. 3d 928 La. Ct. App. 1st Cir. 2011
    |12In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentenc-ing is appropriate only when “there appeals] to be a substantial possibility that the defendant’s complaints of an excessive sentence ha[ve] merit.”
  • State of Louisiana v. Daniel L. Pegues La. Ct. App. 3d Cir. 2010
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when “there appear[s] to be a substantial possibility that the defendant’s complaints of an excessive sentence ha[ve] merit.
  • State v. Pegues 43 So. 3d 1008 La. Ct. App. 1st Cir. 2010
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when “there appear[s] to be a substantial possibility that the defendant’s complaints of an excessive sentence ha[ve] merit”.
  • State v. DOWL 39 So. 3d 754 La. Ct. App. 1st Cir. 2010
    Both the aggravating circumstances and the mitigating circumstances must be considered, and the court must state the factual basis underlying its conclusion.
  • State v. Colbert 990 So. 2d 76 La. Ct. App. 4th Cir. 2008
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Dunbar 981 So. 2d 51 La. Ct. App. 4th Cir. 2008
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Alexander 976 So. 2d 287 La. Ct. App. 2d Cir. 2008
  • State v. Parker 963 So. 2d 497 La. Ct. App. 2d Cir. 2007
  • State v. Scott 952 So. 2d 60 La. Ct. App. 1st Cir. 2006
  • State v. Caston 914 So. 2d 122 La. Ct. App. 2d Cir. 2005
  • State v. Bertrand 891 So. 2d 752 La. Ct. App. 1st Cir. 2004
    In cases in which the trial court has left a less than fully articulated record indi-, eating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for | ^resentencing is appropriate only when “there appear[s] to be a substantial possibility that the defendant’s complaints of an excessive sentence ha [ve] merit.”
  • State v. Hampton 865 So. 2d 284 La. Ct. App. 2d Cir. 2004
  • State v. Lebreton 859 So. 2d 785 La. Ct. App. 4th Cir. 2003
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Augillard 853 So. 2d 17 La. Ct. App. 1st Cir. 2003
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentenc-ing is appropriate only when “there appeals] to be a substantial possibility that the defendant’s complaints of an excessive sentence ha[ve] merit.”
  • State v. Simmons 848 So. 2d 58 La. Ct. App. 4th Cir. 2003
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Smith 842 So. 2d 1153 La. Ct. App. 4th Cir. 2003
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Bradley 844 So. 2d 115 La. Ct. App. 5th Cir. 2003
  • State v. Alvey 839 So. 2d 395 La. Ct. App. 1st Cir. 2003
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sen *403 tence, a remand for resentenc-ing is appropriate only when “there appear[s] to be a substantial possibility that the defendant’s complaints of an excessive sentence ha[ve] merit.”
  • State v. Foster 834 So. 2d 1188 La. Ct. App. 4th Cir. 2002
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, *1195 a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Jefferson 834 So. 2d 572 La. Ct. App. 4th Cir. 2002
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Cottrell 817 So. 2d 1211 La. Ct. App. 1st Cir. 2002
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentenc-ing is appropriate only when “there appear[s] to be a substantial possibility that the defendant’s complaints of an excessive sentence ha[ve] merit.”
  • State v. Barnes 816 So. 2d 881 La. Ct. App. 4th Cir. 2002
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Thompson 806 So. 2d 150 La. Ct. App. 1st Cir. 2002
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentenc-ing is appropriate only when “there appear[s] to be a substantial possibility that the defendant’s complaints of an excessive sentence ha[ve] merit.” (La.
  • State v. Bunley 805 So. 2d 292 La. Ct. App. 4th Cir. 2001
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Coston 800 So. 2d 907 La. Ct. App. 1st Cir. 2001
    In cases in which the trial court has left a less than fully articulated record indicating hfithat it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when “there appear[s] to be a substantial possibility that the defendant’s complaints of an excessive sentence ha[ve] merit.”
  • State v. Washington 793 So. 2d 376 La. Ct. App. 1st Cir. 2001
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentenc-ing is appropriate only when “there appear[s] to be a substantial possibility that the defendant’s complaints of an excessive sentence ha[ve] merit.”
  • State v. Washington 793 So. 2d 376 La. Ct. App. 4th Cir. 2001
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Camese 791 So. 2d 173 La. Ct. App. 4th Cir. 2001
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appeal[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Allen 794 So. 2d 25 La. Ct. App. 1st Cir. 2001
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentenc-ing is appropriate only when “there appear[s] to be a substantial possibility that the defendant’s complaints of an excessive sentence ha[ve] merit.” State *32 v. Wimberly
  • State v. Harris 787 So. 2d 420 La. Ct. App. 1st Cir. 2001
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentenc-ing is appropriate only when “there appear[s] to be a substantial possibility that the defendant’s complaints of an excessive sentence ha[ve] merit.”
  • State v. Robichaux 788 So. 2d 458 La. Ct. App. 4th Cir. 2001
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Algere 780 So. 2d 1131 La. Ct. App. 1st Cir. 2001
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentenc-ing is appropriate only when “there appear[s] to be a substantial possibility that the defendant’s complaints of an excessive sentence ha[ve] merit.”
  • State v. Rodriguez 781 So. 2d 640 La. Ct. App. 4th Cir. 2001
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Martin 788 So. 2d 1 La. Ct. App. 4th Cir. 2000
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Hall 775 So. 2d 52 La. Ct. App. 4th Cir. 2000
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Guy 775 So. 2d 454 La. Ct. App. 4th Cir. 2000
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Mims 769 So. 2d 44 La. Ct. App. 4th Cir. 2000
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Dank 764 So. 2d 148 La. Ct. App. 4th Cir. 2000
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Monette 758 So. 2d 362 La. Ct. App. 4th Cir. 2000
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Soraparu 703 So. 2d 608 La. 1997
    In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit."
  • State v. Roberts 588 So. 2d 759 La. Ct. App. 1st Cir. 1991
    Not only the aggravating circumstances, but the mitigating circumstances as well must be considered, and the court must state the factual basis underlying its conclusion.
  • State v. Minor 580 So. 2d 975 La. Ct. App. 1st Cir. 1991
    Not only the aggravating circumstances, but the mitigating circumstances as well must be considered, and the court must state the factual basis underlying its conclusion.