State v. Willis
State v. Willis, 663 So. 2d 392 (La. Ct. App. 3d Cir. 1995).
Cited by
- State of Louisiana v. Scott Robert Swank La. Ct. App. 3d Cir. 2023
- State of Louisiana v. Ernest R. Billiot La. Ct. App. 3d Cir. 2014
- State in the Interest of S M La. Ct. App. 3d Cir. 2011
- State ex rel. S.M. 67 So. 3d 1274 La. Ct. App. 1st Cir. 2011
- State v. Honeycutt 823 So. 2d 1089 La. Ct. App. 2d Cir. 2002
- State v. Helou 822 So. 2d 647 La. Ct. App. 3d Cir. 2002
- State v. Bazar 758 So. 2d 844 La. Ct. App. 3d Cir. 2000
- State v. Ramirez 684 So. 2d 52 La. Ct. App. 3d Cir. 1996
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Fann 597 So. 2d 1230
Opinion text
663 So.2d 392 (1995) STATE of Louisiana v. Antonio Fernandez WILLIS. No. Cr 95-316. Court of Appeal of Louisiana, Third Circuit. October 4, 1995. Richard Phillip Ieyoub, Baton Rouge, Morgan J. Goudeau III, Opelousas, Donald J. Richard, Asst. Dist. Atty., for State. Herschel Glenn Marcantel Jr., Mamou, for Antonio Fernandez Willis. Before COOKS, WOODARD and AMY, JJ. COOKS, Judge. Defendant, Antonio Willis, was charged by bill of information with possession with intent to distribute a controlled dangerous substance (schedule IIcocaine) in violation of La.R.S. 40:967(A)(1). Willis was found guilty as charged by a jury. He was sentenced to serve five years at hard labor, six months of which was suspended. On appeal, Willis contends his sentence is excessive. However, we note an error patent in the sentencing. Louisiana Code of Criminal Procedure Article 893 allows a trial judge to suspend imposition or execution of a sentence after a first or second conviction for a noncapital felony, but defendant must be placed on probation. The record shows Willis was not placed on probation as required by Louisiana Code of Criminal Procedure Article 893. The mandatory probation requirement of this provision compels that we must vacate Willis' sentence and remand the case for resentencing pursuant to Louisiana Code of Criminal Procedure Article 893. See State v. Fann, 597 So.2d 1230 (La.App. 3 Cir.1992). SENTENCE VACATED AND CASE REMANDED.