96-KK-1646 Precedential Remanded Processed

State v. Randleston

Louisiana Supreme Court · Filed October 4, 1996 · 681 So. 2d 936

Cited by

State of Louisiana v. Wayne Kevin Jones La. Ct. App. 3d Cir. 2013
State v. Jones 107 So. 3d 861 La. Ct. App. 1st Cir. 2013
State of Louisiana v. Travis Bourda La. Ct. App. 3d Cir. 2011
State v. BOURDA 70 So. 3d 82 La. Ct. App. 1st Cir. 2011
State of Louisiana v. Carol Wayne Crooks, Jr. La. Ct. App. 3d Cir. 2011
State of Louisiana v. Steven Mark Marc" Anderson " La. Ct. App. 3d Cir. 2010
State v. Anderson 48 So. 3d 1202 La. Ct. App. 3d Cir. 2010
State v. Randell 911 So. 2d 393 La. Ct. App. 2d Cir. 2005
State v. Wade 832 So. 2d 977 La. Ct. App. 2d Cir. 2002
State v. Toups 833 So. 2d 910 La. 2002
State v. Brown 821 So. 2d 751 La. Ct. App. 1st Cir. 2002
State v. King 804 So. 2d 57 La. Ct. App. 4th Cir. 2001

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Authorities cited

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State v. Sepulvado 367 So. 2d 762
State v. Dorthey 623 So. 2d 1276

Opinion text

681 So.2d 936 (1996) STATE of Louisiana v. Fern RANDLESTON. No. 96-KK-1646. Supreme Court of Louisiana. October 4, 1996. PER CURIAM. Defendant was charged with one count of simple possession of cocaine residue, and pled guilty as charged. She was adjudicated as a second felony offender. The trial court sentenced her to ninety days, below the statutory minimum of thirty months mandated for a second offender under La.R.S. 15:529.1 The court of appeal affirmed and the state now applies to this court. Louisiana's judiciary maintains the distinct responsibility of reviewing sentences imposed in criminal cases for constitutional excessiveness. State v. Sepulvado, 367 So.2d 762 (La.1979). However, in order to find the punishment mandated by La.R.S. 15:529.1 excessive, the trial judge must find that the sentence makes no measurable contribution to the acceptable goals of punishment or that the sentence amounts to nothing more than the purposeful imposition of pain and suffering and is grossly out of proportion to the severity of the crime. State v. Dorthey, 623 So.2d 1276 (La.1993). Although the trial judge cited Dorthey in his reasons, it does not appear that he made a proper finding that imposition of the statutorily-mandated sentence would be constitutionally excessive. Accordingly, the judgment of the court of appeal is vacated, and the case remanded to the trial court to justify its deviation from the statutorily-mandated minimum sentence in this case. CALOGERO, C.J., and JOHNSON, J., dissent. LEMMON, J., not on panel. JOHNSON, Justice, dissenting. The trial court gave sufficient reasons for departure from the minimum sentence guidelines.