Cited by

Opinions in Louisiana that cite State v. Desdunes, 579 So. 2d 452.

118 citing documents.

State of Louisiana v. Christopher J. Brown La. Ct. App. 3d Cir. 2015
State v. Brown 164 So. 3d 395 La. Ct. App. 1st Cir. 2015
State v. McCormick 87 So. 3d 857 La. 2012
ict court imposed sentence under a misapprehension of what the law required or of its full range of sentencing discretion, we will presume that the failure of the court expressly to impose the special restrictions required by law {e.g., parole disability) presents the need only for ministerial correction of the record.”) (overruling State v. Husband, 593 |2So.2d 1257 (La.1992); ).
Williams v. Cooper 945 So. 2d 48 La. Ct. App. 4th Cir. 2006
In 1993, in response to Williams’ pro se motion to correct an illegal sentence, the Fourth Circuit vacated his sentence on the attempted robbery count because it was illegally lenient in that it did not prohibit eligibility for parole, probation, or suspension of sentence, and it remanded the case to the trial court for resentencing, for a determination of the sentencing judge’s intent.
State of Louisiana v. Warren Fuselier La. Ct. App. 3d Cir. 2004
1/5/96), overruled by State v. Harris, 93-1098 (La.
State v. Fuselier 885 So. 2d 678 La. Ct. App. 1st Cir. 2004
overruled by State v. Harris, 93-1098 (La.1/5/96), ; overruled by State v. Harris, 93-1098 (La.1/5/96), ; overruled by State v. Harris, 93-1098 (La.1/5/96), ; (La.App.
State v. Williams 800 So. 2d 790 La. 2001
State v. Brown 737 So. 2d 882 La. Ct. App. 1st Cir. 1999
State v. Donaldson 726 So. 2d 1003 La. Ct. App. 4th Cir. 1999
The Supreme Court does not discuss imposing a (La.
State v. Wilson 684 So. 2d 495 La. Ct. App. 1st Cir. 1996
which was in effect when defendant was resentenced in 1994, the resentenc-ing judge was required to attempt to ascertain the intent of the trial judge who imposed the' original sentence before correcting an illegally lenient sentence.
State v. Trudell 684 So. 2d 32 La. Ct. App. 1st Cir. 1996
Therefore, we find that the court did determine the intent of the
State v. Taylor 683 So. 2d 800 La. Ct. App. 1st Cir. 1996
The defendant contends that the judge failed to consider the intent of the original sentencing judge, overruled in part, State v. Harris, 93-1098 (La.
State v. Wheeler 675 So. 2d 836 La. Ct. App. 1st Cir. 1996
These sentences were vacated by the Louisiana Supreme Court
State v. Dupas 670 So. 2d 667 La. Ct. App. 3d Cir. 1996
set forth the trial court's obligation in the correction process as follows: Since correction of an "illegally lenient" sentence will usually result in a harsher sentence than that originally imposed as regards parole eligibility, upon correction of such a sentence the record should reflect considerati
State v. Harris 665 So. 2d 1164 La. 1996
State v. Williams 660 So. 2d 919 La. Ct. App. 4th Cir. 1995
Later, in writ 91-K-2286, defendant argued that the October 25, 1990, State ex rel.
State v. McQueen 661 So. 2d 1370 La. 1995
State ex rel. Burger v. State 661 So. 2d 1373 La. 1995
The district court is therefore ordered to address the merits of relator’s claims that he received an illegally lenient sentence, and State ex rel.
State ex rel. Cooper v. State 660 So. 2d 867 La. 1995
The district court is therefore ordered to address the merits of relator’s and State ex rel.
State ex rel. Benwoir v. Whitley 651 So. 2d 849 La. 1995
State v. Robinson 650 So. 2d 297 La. Ct. App. 5th Cir. 1995
We therefore vacate relator’s
State v. Alexander 646 So. 2d 1228 La. Ct. App. 1st Cir. 1994
the Louisiana Supreme Court set forth guidelines for courts to use in considering motions to correct illegally lenient sentences.
State v. Carrigan 646 So. 2d 365 La. 1994
State ex rel. Carpenter v. Whitley 642 So. 2d 178 La. 1994
State Ex Rel. Foucha v. ORLEANS CRIMINAL DIST. COURT 642 So. 2d 1274 La. 1994
(2) The district court is ordered to appoint counsel *1275 for the purpose of holding a hearing to address the merits of (a) and (b) relator's claim (supported by the multiple bill filed in the record) that the original sentencing judge erroneously sentenced relator as a third offender when he qualified only as a second offender, considering par
State ex rel. Dave v. Stalder 640 So. 2d 1328 La. 1994
Relator’s and State ex rel.
State v. Wright 640 So. 2d 1322 La. 1994
art. 835 and State ex rel.
State v. Cooper 640 So. 2d 1322 La. 1994
art. 835 and State ex rel.
State ex rel. Herbert v. Whitley 640 So. 2d 1323 La. 1994
State ex rel. Baylis v. State 640 So. 2d 1321 La. 1994
art. 835 and State ex rel.
State v. Thompson 640 So. 2d 1321 La. 1994
art. 835 State v. Washington, 578 * and State ex rel.
State ex rel. Smith v. State 640 So. 2d 1323 La. 1994
art. 835 and State ex rel.
State ex rel. Leban v. State 640 So. 2d 1323 La. 1994
art. 835 and the consider *1324 and State ex rel.
State ex rel. Johnson v. Day 637 So. 2d 1062 La. 1994
The district court is therefore ordered to address the merits of relator’s (La.
State Ex Rel. Johnson v. Day 637 So. 2d 1062 La. 1994
State v. Carr 635 So. 2d 1334 La. Ct. App. 1st Cir. 1994
State v. Foster 635 So. 2d 397 La. Ct. App. 1st Cir. 1994
the Supreme Court set out considerations that a judge must utilize to determine whether to grant a motion to correct an illegally lenient sentence: [T]he record should reflect consideration by the resentencing judge of the intent of the judge who imposed the original sentence, whether it be the same ju
State v. Stroughter 632 So. 2d 923 La. Ct. App. 2d Cir. 1994
State v. Felder 634 So. 2d 363 La. 1994
To the extent that resentencing will take place before the same judge who imposed relator’s original sentence, State ex rel.
Wright v. Shea 634 So. 2d 364 La. 1994
To the extent that resentencing will take place before the same judge who imposed relator’s original sentence, State ex rel.
State v. Wilson 631 So. 2d 1152 La. 1994
Relator’s and State v. Husband
State v. Holmes 631 So. 2d 1152 La. 1994
State v. Scott 634 So. 2d 881 La. Ct. App. 1st Cir. 1993
State ex rel. Washington v. State 629 So. 2d 1156 La. 1993
15:529.1 is vacated, and State ex rel.
State ex rel. Scott v. Criminal District Court, Parish of Orleans 629 So. 2d 1158 La. 1993
State v. Mitchell 629 So. 2d 1158 La. 1993
Relator’s sentence for attempted armed robbery is vacated, (La.
State ex rel. Wheeler v. Shea 629 So. 2d 1161 La. 1993
The amended sentence is vacated, and State ex rel.
State v. Bell 629 So. 2d 1318 La. Ct. App. 1st Cir. 1993
State v. Lewis 628 So. 2d 247 La. Ct. App. 1st Cir. 1993
In objecting to his new sentence
State v. Houston 629 So. 2d 1142 La. 1993
Relator’s amended sentence of June 30, 1992, is vacated, and State ex rel.