Cited by
Opinions in Louisiana that cite State v. Augustine, 555 So. 2d 1331.
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Overruled
State v. Carter
167 So. 3d 970
La. Ct. App. 1st Cir. 2015
State v. Coates, 00-1013 (La.App.
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State v. Boyd
164 So. 3d 259
La. Ct. App. 1st Cir. 2015
(“Constitutional excessiveness of sentence and illegal imposition of sentence are quite separate and distinct matters.
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State v. Spencer
151 So. 3d 816
La. Ct. App. 1st Cir. 2014
In State v. Smith, 01-2574, p. 7 (La.1/14/03), , the Louisiana Supreme Court stated that sentences of thirty-five to fifty years have been found to be acceptable for first offenders convicted of armed robbery, ( and State v. Thomas, 98-1144, p. 2 (La.10/9/98), ).
- State v. Zeno 155 So. 3d 4 La. Ct. App. 1st Cir. 2014
- State of Louisiana v. Kenneth Bell, Sr. La. Ct. App. 3d Cir. 2014
- State v. Bell 140 So. 3d 830 La. Ct. App. 1st Cir. 2014
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State v. Burton
116 So. 3d 863
La. Ct. App. 1st Cir. 2013
State v. Thomas, 98-1144, p. 2 (La.10/9/98), ; and the cases cited therein.” Likewise, in State v. Wix, 02-1493 (La.App.
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State of Louisiana v. Terrance Wayne Goudeau
La. Ct. App. 3d Cir. 2013
State v. Thomas, 98-1144, p. 2 (La.10/9/98), and the cases cited therein.” Id.
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State of Louisiana v. Ben James Thompson
La. Ct. App. 3d Cir. 2012
10/9/98), and the cases cited therein.” Id.
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State v. Thompson
100 So. 3d 375
La. Ct. App. 1st Cir. 2012
State v. Thomas, 98-1144, p. 2 (La.10/9/98), ; and the cases cited therein.” Id.
- State v. Massey 97 So. 3d 13 La. Ct. App. 1st Cir. 2012
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State of Louisiana v. Michael David Gordon
La. Ct. App. 3d Cir. 2012
which involved actual violence during the commission of an armed robbery.
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State v. Gordon
85 So. 3d 242
La. Ct. App. 1st Cir. 2012
State v. Thomas, 98-1144, p. 2 (La.10/9/98), ; and cases cited therein.” Id.
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State of Louisiana v. Gregory Lewis
La. Ct. App. 3d Cir. 2012
“In State v. Smith, 01-2574, p. 6 (La.1/14/03), the Louisiana Supreme Court stated that sentences of 35 to 50 years have been found to be acceptable for first offenders convicted of armed robbery, and State v. Thomas, 98-1144, p. 2 (La.10/9/98), ” State v. Alexander, 03-1291, p. 12 (La.App.
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State v. Hayes
69 So. 3d 1249
La. Ct. App. 1st Cir. 2011
superseded, in part, by statute as stated in State v. Martin, 93-1915, pp. 2-3 (La.App.
- State v. Bishop 68 So. 3d 1197 La. Ct. App. 1st Cir. 2011
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State v. Vincent
56 So. 3d 408
La. Ct. App. 1st Cir. 2011
superseded, in part, by statute in State v. Martin, 93-1915, pp. 2-3 (La.App.
- Followed State of Louisiana v. Timothy Dale Perkins La. Ct. App. 3d Cir. 2010
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Followed
State v. Perkins
54 So. 3d 799
La. Ct. App. 1st Cir. 2010
the Louisiana Supreme Court held: The last issue before us concerns the mandatory delays specified in La.
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State of Louisiana v. Leland S. Singletary
La. Ct. App. 3d Cir. 2010
“In State v. Smith, 01-2574, p. 6 (La.1/14/03), the Louisiana Supreme Court stated that sentences of 35 to 50 years have been found to be acceptable for first offenders convicted of armed robbery, and State v. Thomas, 98-1144, p. 2 (La.10/9/98), ” State v. Alexander, 03-1291, p. 12 (La.App.
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State of Louisiana v. Michael W. Hood
La. Ct. App. 3d Cir. 2010
3 Cir.1991), writ denied, found that the failure to abide by the delay requires a sentence to be vacated simply because the defendant challenged his sentence on appeal.
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State v. CASSIMERE
34 So. 3d 954
La. Ct. App. 4th Cir. 2010
State v. Thomas, 98-1144, p. 2 (La.10/9/98), ; and the cases cited therein.” The defendant’s excessive sentence claim has no merit.
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State v. Duncan
28 So. 3d 410
La. Ct. App. 1st Cir. 2009
In addition, in which the Louisiana Supreme Court found that a 40-year prison term for an 18-year-old first offender convicted of armed robbery was not constitutionally excessive.
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State v. Anderson
28 So. 3d 324
La. Ct. App. 1st Cir. 2009
the Louisiana Supreme Court concluded that a 40-year prison term for an 18-year-old first offender convicted of armed robbery was not constitutionally excessive.
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State of Louisiana v. Jermaine Perry
La. Ct. App. 3d Cir. 2009
1/14/03), the Louisiana Supreme Court stated that sentences of 35 to 50 years have been found to be acceptable for first offenders convicted of armed robbery, and State v. Thomas, 98-1144, p. 2 (La.
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State v. Perry
9 So. 3d 342
La. Ct. App. 1st Cir. 2009
“In State v. Smith, 01-2574, p. 6 (La.1/14/03), , the Louisiana Supreme Court stated that sentences of 35 to 50 years have been found to be acceptable for first offenders convicted of armed robbery, and State v. Thomas, 98-1144, p. 2 (La.10/9/98), .” State v. Alexander, 03-1291, p. 12 (La.App.
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State of Louisiana v. Allen Jermaine Lewis
La. Ct. App. 3d Cir. 2009
“In State v. Smith, 01-2574, p. 6 (La.1/14/03), the Louisiana Supreme Court stated that sentences of 35 to 50 years have been found to be acceptable for first offenders convicted of armed robbery, and State v. Thomas, 98-1144, p. 2 (La.10/9/98), ” State v. Alexander, 03-1291, p. 12 (La.App.
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State v. Lewis
16 So. 3d 1
La. Ct. App. 1st Cir. 2009
“In State v. Smith,, 01-2574, p. 6 (La.1/14/03), , the Louisiana Supreme Court stated that sentences of 35 to 50 years have been found to be acceptable for first offenders convicted of armed robbery, and State v. Thomas, 98-1144, p. 2 (La.10/9/98), .” State v. Alexander, 03-1291, p. 12 (La.App.
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State of Louisiana v. Richard W. Black
La. Ct. App. 3d Cir. 2009
3 Cir.1991), writ denied, found that the failure to abide by the delay requires a sentence to be vacated simply because the defendant challenged his sentence on appeal.
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State v. CSD
4 So. 3d 204
La. Ct. App. 3d Cir. 2009
3 Cir.1991), writ denied, *210 found that the failure to abide by the delay requires a sentence to be vacated simply because the defendant challenged his sentence on appeal.
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State of Louisiana v. C.S.D. & E.L.C.
La. Ct. App. 3d Cir. 2009
3 Cir.1991), writ denied, found that the failure to abide by the delay requires a sentence to be vacated simply because the defendant 3 Information from the district court clerk’s office indicates written motions were filed, but misplaced, except for the Motion for Post-Verdict Judgment of Acquittal field on behalf
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State v. Williams
8 So. 3d 3
La. Ct. App. 1st Cir. 2009
State v. Smith, supra ( and State v. Thomas, 98-1144 (La.10/9/98), ).
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State v. Ridgley
7 So. 3d 689
La. Ct. App. 1st Cir. 2009
State v. Smith, 01-2574, p. 7 (La.1/14/03), , citing State v. Thomas, 98-1144, p. 2 (La.10/9/98), ; and the cases cited therein.
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Overruled
State v. Burnes
997 So. 2d 906
La. Ct. App. 4th Cir. 2008
the Louisiana Supreme Court held that the trial court's failure to observe the twenty-four hour delay did not constitute harmless error even where the defendant failed to raise that issue on appeal.
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State v. Butler
997 So. 2d 631
La. Ct. App. 5th Cir. 2008
2 Cir. 1/27/06), -88 , (the court affirmed a 30-year armed robbery sentence for a first offender who claimed he was his co-defendant's pawn in the robbery); (the Supreme Court upheld an 18-year-old, first offender's 40-year sentence for armed robbery); (La.
- Distinguished State v. Hebert 991 So. 2d 40 La. Ct. App. 1st Cir. 2008
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State of Louisiana v. John Joseph
La. Ct. App. 3d Cir. 2008
The trial court noted the same factors at the resentencing hearing.3 “In State v. Smith, 01-2574, p. 6 (La.1/14/03), the Louisiana Supreme Court stated that sentences of 35 to 50 years have been found to be acceptable for first offenders convicted of armed robbery, and State v. Thomas, 98-1144, p. 2 (La.10/9/98), ” State v. Alexander, 03-1291, p. 12 (La.App.
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State v. Joseph
982 So. 2d 310
La. Ct. App. 3d Cir. 2008
[3] "In State v. Smith, 01-2574, p. 6 (La.1/14/03), , the Louisiana Supreme Court stated that sentences of 35 to 50 years have been found to be acceptable for first offenders convicted of armed robbery, and State v. Thomas, 98-1144, p. 2 (La.10/9/98), ."
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State v. Stovall
977 So. 2d 1074
La. Ct. App. 4th Cir. 2008
App. 4th Cir.1991), this Court discussed the Augustine case as follows: the Supreme Court held that the trial court's failure to observe the twenty-four hour delay did not constitute harmless error, even if the defendant did not raise that issue as error on appeal, where the defendant challenged his sentence on appeal.
- State of Louisiana v. Paul D. Massey La. Ct. App. 3d Cir. 2008
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State of Louisiana v. Raymond O'Neal Green
La. Ct. App. 3d Cir. 2007
10/01/04), In State v. Smith, 01-2574, p. 6 (La.1/14/03), the Louisiana Supreme Court stated that sentences of 35 to 50 years have been found to be acceptable for first offenders convicted of armed robbery, and State v. Thomas, 98-1144, p. 2 (La.10/9/98)
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State of Louisiana v. Amar St. Germain
La. Ct. App. 3d Cir. 2007
Additionally, the supreme court, 3, stated that art. 873 requires a twenty-four-hour delay between “the denial of a new trial or judgment for acquittal, and sentencing.” Id.
- State v. Pea 949 So. 2d 672 La. Ct. App. 1st Cir. 2007
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State v. Price
952 So. 2d 112
La. Ct. App. 1st Cir. 2006
1 Cir.2003) -1334 (La.1990) (La.App.
- State v. Pursell 915 So. 2d 871 La. Ct. App. 1st Cir. 2005
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State v. Williams
901 So. 2d 1171
La. Ct. App. 1st Cir. 2005
4th Cir.1991), this Court discussed the Augustine case as follows: the Supreme Court held that the trial court’s failure to observe the twenty-four hour delay did not constitute harmless error, even if the defendant did not raise that issue as error on appeal, where the defendant challenged his sentence on appeal.
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Overruled
State v. Wheeler
899 So. 2d 84
La. Ct. App. 1st Cir. 2005
the Louisiana Supreme Court held that the trial court’s failure to observe the twenty-four hour delay did not constitute harmless error even where the defendant failed to raise that issue on appeal.
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Overruled
State v. Nunnery
891 So. 2d 67
La. Ct. App. 1st Cir. 2004
*70 the Louisiana Supreme Court held that the trial court’s failure to observe the twenty-four hour delay did not constitute harmless error even where the defendant failed to raise that issue on appeal.
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State v. Colbert
889 So. 2d 1128
La. Ct. App. 5th Cir. 2004
State v. Richardson, 00-134 (La.App.
- State v. Odom 878 So. 2d 582 La. Ct. App. 1st Cir. 2004