Cited by
Opinions in Louisiana that cite State v. Rome, 696 So. 2d 976.
- State ex rel. Esteen v. State 239 So. 3d 266 La. 2018
- State of Louisiana v. Asahel Harvin La. Ct. App. 3d Cir. 2018
- State of Louisiana v. Adam Comeaux La. Ct. App. 3d Cir. 2018
- State v. Harvin 239 So. 3d 907 La. Ct. App. 1st Cir. 2018
- State v. Comeaux 239 So. 3d 920 La. Ct. App. 1st Cir. 2018
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State Ex Rel. John Esteen v. State of Louisiana
239 So. 3d 233
La. 2018
7/1/97), (emphasis added, internal citations and footnote omitted).
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State v. Mills
137 So. 3d 8
La. 2014
15:824(A) (“Any individual subject to confinement in a state adult penal or correctional institution shall be committed to the Louisiana Department of Corrections and not to any particular institution within the jurisdiction of the department.”); see also State v. Rome, 96-0991, p. 7 (La.7/1/97), (“A trial judge cannot designate the particular place of confinement wherein a defendant will serve his term of imprisonment.”) (citing *10 ).
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State v. Passow
136 So. 3d 12
La. Ct. App. 1st Cir. 2013
See State v. Rome, 96-0991 (La.7/1/97), ; -81 (La.1993).
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State v. Maldonado
96 So. 3d 1221
La. Ct. App. 1st Cir. 2012
art. 894.2 and found that a trial judge may “sentence a defendant to home incarceration in lieu of imprisonment, even though the statute the defendant was convicted under requires the defendant be sentenced to a term of imprisonment without benefit of probation, parole, or suspension of sentence.” State v. Rome, 96-0991, p. 5 (La.7/1/97), .
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State v. Breaux
96 So. 3d 1226
La. Ct. App. 1st Cir. 2012
Further, in State v. Rome, 96-0991 (La.7/1/97), , the Louisiana Supreme Court, in discussing LSA-C.Cr.P.
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State v. Smith
1 So. 3d 802
La. Ct. App. 1st Cir. 2009
The Louisiana Supreme Court recognized the trial judge’s authority under Article 894.2 “to sentence a defendant to home incarceration in lieu of imprisonment, even though the statute the defendant was convicted under requires the defendant be sentenced to a term of imprisonment without benefit of probation, parole, or suspension of sentence.” State v. Rome, 96-0991, p. 5 (La.7/1/97), .
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State v. Dick
951 So. 2d 124
La. 2007
Const. art. II, § 1; State v. Rome, 96-0991, p. 3 (La.7/1/97)
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State v. Brown
880 So. 2d 899
La. Ct. App. 5th Cir. 2004
Citing State v. Rome, 96-0991 (La.7/1/97), ; and, State v. Johnson, 97-1906 (La.3/4/98), .
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State v. Warren
824 So. 2d 508
La. Ct. App. 5th Cir. 2002
The Louisiana Supreme Court has held that “an illegal sentence results in a situation where ‘no sentence at all has been imposed, and it [the sentence] must be remanded to the district court so that the judge may impose a legal sentence.’ ” State v. Rome, 96-0991 (La.7/1/97), , quoting State v. Johnson, 220 La.
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State v. Williams
800 So. 2d 790
La. 2001
[11] This Court had earlier stated than an illegal sentence is "no sentence at all," State v. Rome, 96-0991 (La.7/1/97), , quoting State v.Johnson, 220 La.
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State v. Durant
776 So. 2d 1265
La. Ct. App. 5th Cir. 2000
In State v. Rome, 96-0991 (La.7/1/97), , the Louisiana Supreme Court held: One of the traditional, inherent and exclusive powers of the judiciary is the power to sentence....
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State v. Jackson
778 So. 2d 23
La. Ct. App. 5th Cir. 2000
State v. Rome, 96-0991 (La.7/1/97), .
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State v. Russell
750 So. 2d 1074
La. Ct. App. 1st Cir. 1999
deviated from the statutory minimum, because “he is a relatively young man who can be rehabilitated.” The Louisiana Supreme Court, stated that “[i]t is a well established principle that it is the legislature’s prerogative to determine the length of the sentence imposed for crimes classified as felonies.” State v. Rome, 96-0991 (La.7/1/97), .
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State v. Le
738 So. 2d 168
La. Ct. App. 5th Cir. 1999
This argument calls into question the separation of powers issues discussed in State v. Rome, 96-0991 (La.7/1/97), .
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State v. Smith
734 So. 2d 103
La. Ct. App. 1st Cir. 1999
the Louisiana Supreme Court said: “One of the traditional, inherent and exclusive powers of the judiciary is the power to sentence.
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State v. Ewens
735 So. 2d 89
La. Ct. App. 5th Cir. 1999
[4] In State v. Rome, 96-0991 (La.7/1/97), , the Louisiana Supreme Court, held that [o]ne of the traditional, inherent and exclusive powers of the judiciary is the power to sentence.
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State v. Lewis
720 So. 2d 1230
La. Ct. App. 1st Cir. 1998
The state relies on the case of State v. Rome, 96-0991 (La.7/1/97), in support of its argument.
- State v. Richards 713 So. 2d 514 La. Ct. App. 5th Cir. 1998
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State v. Jones
709 So. 2d 308
La. Ct. App. 1st Cir. 1998
State v. Rome, 96-0991 (La.7/1/97), .
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State v. Curtis
707 So. 2d 1328
La. Ct. App. 5th Cir. 1998
In State v. Rome, 96-0991 (La.7/1/97), the court noted that the determination of what constitutes a crime, as well as the fixing of penalties for the commission of crimes, is purely a legislative function.
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State v. Moses
701 So. 2d 1382
La. Ct. App. 1st Cir. 1997
State v. Rome, 96-0991, pp. 3-4 (La.7/1/97); .