Cited by

Opinions in Louisiana that cite State v. Wagner, 410 So. 2d 1089.

17 citing documents.

State of Louisiana v. Khadijah Toussaint La. Ct. App. 3d Cir. 2025
which states: We also find the imposition of the one month prison term illegal in this case because it exposes the defendant to a greater prison term than is permitted by the statute he violated.
State of Louisiana v. Calvin Evan Anderson La. Ct. App. 3d Cir. 2024
State of Louisiana v. Kenneth Wayne Randolph La. Ct. App. 3d Cir. 2013
d 1336, 1337 (La.1993), the court held that the trial court ―may not impose a suspended sentence and require the defendant to spend additional time in jail as a condition of probation if the 3 overall effect of the sentence is to expose the defendant to a greater term of imprisonment than provided by the statute he violated,‖ (La.App.
State v. Dixon 839 So. 2d 1141 La. Ct. App. 3d Cir. 2003
which can be easily distinguished from the instant case.
State v. Brown 645 So. 2d 1282 La. Ct. App. 4th Cir. 1994
this Court stated on appeal "that when the maximum sentence is imposed, then suspended, with additional imprisonment, such a sentence is illegal because it subjects the defendant to a term in excess of that authorized by statute."
State v. Diaz 615 So. 2d 1336 La. 1993
State v. Moreau 598 So. 2d 344 La. 1992
State v. Watson 535 So. 2d 1329 La. Ct. App. 5th Cir. 1988
State v. Hudnall 522 So. 2d 616 La. Ct. App. 4th Cir. 1988
State v. Agnelly 515 So. 2d 821 La. Ct. App. 5th Cir. 1987
A wherein the court noted: "This precise issue has recently been addressed by this Court.
State v. Lyons 514 So. 2d 558 La. Ct. App. 4th Cir. 1987
State v. Newell 497 So. 2d 4 La. Ct. App. 4th Cir. 1986
State v. Pontiff 490 So. 2d 414 La. Ct. App. 1st Cir. 1986
Art. 880 does not protect a defendant from such exposure as this article specifically addresses a defendant’s pre-sentence custody and therefore only provides defendant an absolute right to credit for time served for pre-trial and pre-sentence detention, [footnote omitted].” [Emphasis added] (La.
State v. Fanning 485 So. 2d 547 La. Ct. App. 1st Cir. 1986
art. 895(B) states “[i]n felony cases, an additional condition of the probation may be that the defendant shall serve a term of imprisonment without hard labor for a period not to exceed two years.” [emphasis added] A recent Louisiana Supreme Court case, held “[therefore, we find merit in defendant’s argument that imposition of a prison term as a condition of probation in misdemeanor cases is not authorized by La.C.Cr.P.
State v. Boudreaux 484 So. 2d 160 La. Ct. App. 5th Cir. 1986
addressing such an action as we have here, stated: Defendant contends that La.C.Cr.P.
State v. Jones 477 So. 2d 914 La. Ct. App. 4th Cir. 1985
State v. Connors 432 So. 2d 308 La. Ct. App. 5th Cir. 1983
dealt with the imposition of a similar sentence.