Cited by

Opinions in Louisiana that cite State v. Augustine, 555 So. 2d 1331.

179 citing documents.

  • Overruled State v. Carter 167 So. 3d 970 La. Ct. App. 1st Cir. 2015
    State v. Coates, 00-1013 (La.App.
  • 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.
  • 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
  • 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.
  • 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.
  • State of Louisiana v. Ben James Thompson La. Ct. App. 3d Cir. 2012
    10/9/98), and the cases cited therein.” Id.
  • 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
  • State of Louisiana v. Michael David Gordon La. Ct. App. 3d Cir. 2012
    which involved actual violence during the commission of an armed robbery.
  • 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.
  • 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.
  • 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    superseded, in part, by statute as stated in State v. Martin, 93-1915, pp. 2-3 (La.App.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
  • 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
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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
  • 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), ).
  • 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.
  • 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.
  • 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
  • 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.
  • 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), ."
  • 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
  • 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)
  • 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
  • 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
  • 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.
  • 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.
  • 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.
  • 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