Cited by
Opinions in Louisiana that cite State v. Dorthey, 623 So. 2d 1276.
- State v. Boykin 774 So. 2d 1074 La. Ct. App. 2d Cir. 2000
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State v. Green
779 So. 2d 835
La. Ct. App. 4th Cir. 2000
State v. Fobbs, 99-1024 (La.9/24/99)
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State v. Baker
776 So. 2d 1212
La. Ct. App. 5th Cir. 2000
one of the cases relied upon by defendant in the present case.
- State v. Whitney 772 So. 2d 945 La. Ct. App. 2d Cir. 2000
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State v. Carter
773 So. 2d 268
La. Ct. App. 4th Cir. 2000
First, the trial court denied defendant's motion for new trial on June 4, 1998, the same date as the habitual offender hearing wherein the trial court sentenced defendant to ten years at hard labor as a third-felony habitual offender
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State v. Scott
769 So. 2d 1286
La. Ct. App. 1st Cir. 2000
-81 (La.1993), the Louisiana Supreme Court recognized that if a trial judge determines that the punishment mandated by the Habitual Offender Law makes no measurable contribution to acceptable goals of punishment or that the sentence amounts to nothing more than the purposeful imposition of pain and suffering and
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State v. Smith
769 So. 2d 1280
La. Ct. App. 1st Cir. 2000
State v. Johnson, 97-1906, p. 6 (La.3/4/98), , permits a downward departure from the Habitual Offender Law's mandatory minimum sentences and concluded as follows: A sentencing judge must always start with the presumption that a mandatory minimum sentence under the Habitual Offender Law is constitutional.
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State v. Calhoun
776 So. 2d 1188
La. Ct. App. 3d Cir. 2000
In State v. Johnson, 97-1906, pp. 6-8 (La.3/4/98); -77 (emphasis added), would permit a downward deviation from a statutorily-mandated sentence: In State v. Dorthey, supra, this Court held that a trial court must reduce a defendant's sentence to one not constitutionally excessive if the trial court finds that the sentence mandated by the Habitual Offender Law "makes no measurabl
- State v. Jackson 772 So. 2d 297 La. Ct. App. 2d Cir. 2000
- State v. Robinson 770 So. 2d 868 La. Ct. App. 2d Cir. 2000
- State v. Davenport 771 So. 2d 837 La. Ct. App. 2d Cir. 2000
- State v. Ebarb 772 So. 2d 299 La. Ct. App. 2d Cir. 2000
- State v. Robinson 770 So. 2d 868 La. Ct. App. 2d Cir. 2000
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State v. Walker
772 So. 2d 218
La. Ct. App. 1st Cir. 2000
State v. Johnson, 97-1906, pp. 6-7 (La.3/4/98), ; State v. Burton, 98-0096, pp. 6-7 (La.App.
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State v. Lindsey
770 So. 2d 339
La. 2000
State v. Johnson, supra at 675
- State v. Burnett 768 So. 2d 783 La. Ct. App. 2d Cir. 2000
- State v. Hunter 768 So. 2d 687 La. Ct. App. 2d Cir. 2000
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State v. Chisolm
771 So. 2d 205
La. Ct. App. 4th Cir. 2000
for its holding that a trial court may disregard *212 the punishment range required by the habitual offender statute in order to insure that constitutional, non-excessive sentences are imposed.
- State v. George 768 So. 2d 748 La. Ct. App. 2d Cir. 2000
- State v. Kennon 769 So. 2d 159 La. Ct. App. 2d Cir. 2000
- State v. Jackson 768 So. 2d 767 La. Ct. App. 2d Cir. 2000
- State v. Boyette 768 So. 2d 658 La. Ct. App. 1st Cir. 2000
- State v. Collins 768 So. 2d 674 La. Ct. App. 2d Cir. 2000
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State v. Sudds
769 So. 2d 805
La. Ct. App. 2d Cir. 2000
Although defendant received the mandatory minimum sentence, Sudds maintained that, the court should have imposed a lesser sentence.
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State v. Washington
769 So. 2d 1235
La. Ct. App. 1st Cir. 2000
the Louisiana Supreme Court recognized that, if a trial court determined that the minimum sentence mandated by the Habitual Offender Law makes no measurable contribution to acceptable goals of punishment or that the sentence amounts to nothing more than the purposeful imposition of pain and 1 ^suffering and
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State v. Washington
769 So. 2d 1235
La. Ct. App. 5th Cir. 2000
the Louisiana Supreme Court recognized that, if a trial court determined that the minimum sentence mandated by the Habitual Offender Law makes no measurable contribution to acceptable goals of punishment or that the sentence amounts to nothing more than the purposeful imposition of pain and suffering and is
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State v. Dunn
769 So. 2d 673
La. Ct. App. 1st Cir. 2000
Although the trial court imposed the mandatory life sentence
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State v. Newman
769 So. 2d 124
La. Ct. App. 1st Cir. 2000
the court held that a downward departure was permissible when the mandatory minimum sentence on a multiple bill was constitutionally excessive.
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State v. Breaux
767 So. 2d 904
La. Ct. App. 5th Cir. 2000
Nonetheless, during the sentencing hearing
- State v. Jones 765 So. 2d 1191 La. Ct. App. 2d Cir. 2000
- State v. Stevens 766 So. 2d 634 La. Ct. App. 2d Cir. 2000
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State v. Bass
767 So. 2d 772
La. Ct. App. 4th Cir. 2000
On January 11, 1996, to three years with credit for time served.
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State v. Smith
766 So. 2d 501
La. 2000
Baxley, 656 So.2d at 979 ().
- State v. Perkins 762 So. 2d 67 La. Ct. App. 5th Cir. 2000
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State v. Henderson
762 So. 2d 747
La. Ct. App. 1st Cir. 2000
14:30.1(B), i.e., mandatory life imprisonment at hard labor, without benefit of parole, probation, or suspension of sentence
- State v. Tisby 764 So. 2d 209 La. Ct. App. 2d Cir. 2000
- State v. Lowery 765 So. 2d 460 La. Ct. App. 2d Cir. 2000
- State v. Debrow 763 So. 2d 791 La. Ct. App. 2d Cir. 2000
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State v. Alford
765 So. 2d 1120
La. Ct. App. 4th Cir. 2000
State v. Johnson, 97-1906, pp. 6-7 (La.3/4/98), ; -81 (La.
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State v. Neal
762 So. 2d 281
La. Ct. App. 5th Cir. 2000
State v. Johnson, 97-1906 (La.3/4/98), .
- Townley v. State, Department of Public Safety & Corrections 762 So. 2d 154 La. Ct. App. 1st Cir. 2000
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State v. Dupart
769 So. 2d 15
La. Ct. App. 1st Cir. 2000
Defense counsel also asked the judge to consider the ten year mandatory sentence excessive for a
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State v. Russell
764 So. 2d 93
La. Ct. App. 4th Cir. 2000
ASSIGNMENT OF ERROR NO. 3 In his third assignment of error, applied only to sentences under a multiple bill, not to legislatively minimum sentences.
- State v. Butler 760 So. 2d 620 La. Ct. App. 2d Cir. 2000
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State v. Gillet
763 So. 2d 725
La. Ct. App. 4th Cir. 2000
ASSIGNMENT OF ERROR NUMBER 2 In this assignment, the defendant contends that the sentence imposed, although the minimum sentence possible
- State v. Boles 763 So. 2d 74 La. Ct. App. 4th Cir. 2000
- State v. Hudson 760 So. 2d 591 La. Ct. App. 2d Cir. 2000
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Boise Cascade Corp. v. Dean
767 So. 2d 76
La. Ct. App. 3d Cir. 2000
State v.. Dorthey, State v. Caraway, 28,769 (La.App.2d Cir.10/30/96), .
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State v. Bazile
762 So. 2d 106
La. Ct. App. 4th Cir. 2000
the mandatory life sentence should be deemed excessive considering the trial court's comments at sentencing.
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State v. Smith
760 So. 2d 506
La. Ct. App. 5th Cir. 2000
[2] It is noted that, a trial court has the authority, in certain cases, to depart from the mandatory minimum sentences provided by the legislature in which the punishment provided violates the prohibition of La.