Cited by
Opinions in Louisiana that cite State v. Franks, 373 So. 2d 1307.
- State v. Hall 576 So. 2d 41 La. 1991
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State v. Desdunes
576 So. 2d 520
La. Ct. App. 4th Cir. 1990
Both the aggravating circumstances and the mitigating circumstances must be considered, and the court must state the factual basis underlying its conclusion.
- State v. Flowers 559 So. 2d 1372 La. 1990
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State v. Greer
553 So. 2d 892
La. Ct. App. 4th Cir. 1989
Both the aggravating circumstances and the mitigating circumstances must be considered, and the court must state the factual basis underlying its conclusion.
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State v. Kanupp
552 So. 2d 449
La. Ct. App. 1st Cir. 1989
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. Segura 546 So. 2d 1347 La. Ct. App. 3d Cir. 1989
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State v. James
545 So. 2d 560
La. Ct. App. 4th Cir. 1989
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. Thompson 544 So. 2d 421 La. Ct. App. 3d Cir. 1989
- State v. Sanders 542 So. 2d 1134 La. Ct. App. 3d Cir. 1989
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State v. Foster
541 So. 2d 238
La. Ct. App. 1st Cir. 1989
Not only the aggravating circumstances, but the mitigating circumstances as well must be considered, cert.
- State v. Coleman 528 So. 2d 192 La. Ct. App. 3d Cir. 1988
- State v. Lofton 528 So. 2d 188 La. Ct. App. 1st Cir. 1988
- State v. Charrier 525 So. 2d 591 La. Ct. App. 1st Cir. 1988
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State v. Michaels
516 So. 2d 202
La. Ct. App. 4th Cir. 1987
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.
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State v. Bunch
510 So. 2d 1266
La. Ct. App. 4th Cir. 1987
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.
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State v. Freeman
503 So. 2d 501
La. Ct. App. 4th Cir. 1987
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.
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State v. Gray
502 So. 2d 1114
La. Ct. App. 4th Cir. 1987
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.
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State v. Rousell
501 So. 2d 834
La. Ct. App. 4th Cir. 1986
Where the trial court has considered sentencing guidelines and so states its factual basis for the imposition of sentence, the appellate court will focus upon whether there exist an abuse of discretion.
- State v. Williams 499 So. 2d 142 La. Ct. App. 2d Cir. 1986
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State v. Shelton
490 So. 2d 515
La. Ct. App. 4th Cir. 1986
1017 , 71 L.Ed.2d 305 (1982); affirmed in part, cert.
- State v. Racine 480 So. 2d 945 La. Ct. App. 2d Cir. 1985
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State v. Caston
477 So. 2d 868
La. Ct. App. 4th Cir. 1985
State v. Davis, supra , affirmed in part cert.
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State v. Murray
476 So. 2d 1170
La. Ct. App. 3d Cir. 1985
appeal after remand, , cert.
- State v. Camps 476 So. 2d 864 La. Ct. App. 2d Cir. 1985
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State v. Guidry
472 So. 2d 349
La. Ct. App. 3d Cir. 1985
See 396 So.2d at 296 ; cert.
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State v. Perry
472 So. 2d 344
La. Ct. App. 3d Cir. 1985
State v. Williams, supra; cert.
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State v. Dixon
471 So. 2d 282
La. Ct. App. 4th Cir. 1985
State v. Davis, supra ; affirmed in part cert.
- State v. McGhee 469 So. 2d 1051 La. Ct. App. 2d Cir. 1985
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State v. Williams
467 So. 2d 1293
La. Ct. App. 4th Cir. 1985
and the court must state the factual basis underlying its conclusion.
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State v. Mosley
466 So. 2d 733
La. Ct. App. 4th Cir. 1985
the Supreme Court held that broad language such as this in imposing consecutive sentences does not satisfy the requirements of Code of Criminal Procedure article 894.1, and therefore remanded the case for re-sentencing.
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State v. Hayes
466 So. 2d 767
La. Ct. App. 1st Cir. 1985
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.
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State v. Santee
464 So. 2d 922
La. Ct. App. 4th Cir. 1985
1017 , 71 L.Ed.2d 305 (1982); affirmed in part, cert.
- State v. Lewis 452 So. 2d 720 La. Ct. App. 4th Cir. 1984
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State v. Melton
456 So. 2d 192
La. Ct. App. 4th Cir. 1984
on appeal from remand, cert.
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State v. Swift
449 So. 2d 654
La. Ct. App. 4th Cir. 1984
To be adequate, a court's sentencing statement must indicate that the court considered "not only circumstances militating for incarceration, but also any mitigating factors", statements must contain specific reasons "in relation to the particular offender and the actual offense", (La.
- State v. Slate 440 So. 2d 191 La. Ct. App. 1st Cir. 1983
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State v. Stroud
438 So. 2d 1172
La. Ct. App. 3d Cir. 1983
State v. McDonald, supra; certiorari denied, 450 U.S. 983 , 101 S.Ct.
- State v. Morgan 439 So. 2d 643 La. Ct. App. 1st Cir. 1983
- State v. Sherer 437 So. 2d 276 La. 1983
- State v. Catchings 440 So. 2d 153 La. Ct. App. 4th Cir. 1983
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State v. Boyette
434 So. 2d 456
La. Ct. App. 2d Cir. 1983
does not satisfy the requirement that the trial court state for the record the considerations taken into account and the factual basis therefore in imposing sentence.” see also
- State v. Benton 432 So. 2d 334 La. Ct. App. 1st Cir. 1983
- State v. Smith 426 So. 2d 738 La. Ct. App. 3d Cir. 1983
- State v. Ruple 426 So. 2d 249 La. Ct. App. 1st Cir. 1983
- State v. Ray 423 So. 2d 1116 La. 1982
- State v. Keeney 422 So. 2d 1144 La. 1982
- State v. Duncan 420 So. 2d 1105 La. 1982
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State v. McClain
415 So. 2d 936
La. 1982
not only the circumstances militating for incarceration, but also any mitigating factors,”
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State v. Dura
414 So. 2d 1243
La. 1982
This limited recitation, however, virtually ignored this Court’s repeated warning that “the sentencing court should indicate that it has considered not only circumstances militating for incarceration, but also any mitigating factors.”
- State v. Walker 414 So. 2d 1245 La. 1982