No. 2004-KA-1906 Precedential Processed

State v. Kirkling

Louisiana Court of Appeal, First Circuit · Filed May 18, 2005 · 904 So. 2d 786

Cited by

State of Louisiana v. Caiden J Fruge La. Ct. App. 4th Cir. 2025
State of Louisiana v. Travon D. Manuel La. Ct. App. 4th Cir. 2022
State v. Degregory 274 So. 3d 902 La. Ct. App. 1st Cir. 2019
State v. Randall 69 So. 3d 683 La. Ct. App. 1st Cir. 2011
State v. Colvin 65 So. 3d 669 La. Ct. App. 1st Cir. 2011
State v. Randall 51 So. 3d 799 La. Ct. App. 1st Cir. 2010
State v. Rideau 947 So. 2d 127 La. Ct. App. 4th Cir. 2006

Opinion text

McKAY, J., dissenting. I respectfully dissent in part from the majority opinion. I would affirm the defendant’s convictions and sentences. I agree that there may have been some confusion in the trial court’s initial sentencing on October 15, 2003, as to count 1 wherein the trial court sentenced the defendant to serve twenty years on an attempted carjacking, when the maximum sentence was only ten years. However, the trial court cured this matter on October 21, 2004, at the multiple bill sentencing, by vacating the initial sentencing and resentencing the defendant to serve twenty years as a second offender. Therefore, I would not remand the matter to the district court for resentencing, but would affirm the defendant’s convictions and sentences.