Cited by

Opinions in Louisiana that cite State v. Dorthey, 623 So. 2d 1276.

2014 citing documents.

  • State v. Boykin 774 So. 2d 1074 La. Ct. App. 2d Cir. 2000
  • State v. Green 779 So. 2d 835 La. Ct. App. 4th Cir. 2000
    State v. Fobbs, 99-1024 (La.9/24/99)
  • 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
  • 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
  • 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
  • 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.
  • 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
  • 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.
  • 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
  • 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
  • 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.
  • 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
  • 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
  • State v. Dunn 769 So. 2d 673 La. Ct. App. 1st Cir. 2000
    Although the trial court imposed the mandatory life sentence
  • 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.
  • 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
  • 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.
  • 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
  • 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
  • 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.
  • 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
  • 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
  • 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
  • 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
  • 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), .
  • 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.
  • 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.