No. 92-KA-1761 Precedential Processed

State v. Hardy

Louisiana Court of Appeal, First Circuit · Filed August 3, 1993 · 622 So. 2d 858

Cited by

State v. McGee 663 So. 2d 495 La. Ct. App. 1st Cir. 1995
State v. May 639 So. 2d 1225 La. Ct. App. 1st Cir. 1994
State v. Ruiz 630 So. 2d 897 La. Ct. App. 4th Cir. 1993

Opinion text

LANDRIEU, Judge, concurring in part and dissenting in part. I concur in part and respectfully dissent in part. I join with the majority in affirming defendant’s conviction. However, I would vacate the sentence and remand the matter to the trial court for re-sentencing. The sentence of six years imposed by the trial court is twice the maximum sentence recommended by the sentencing guidelines and represents a gross deviation not supported by the record. *864 The only fact in the record that could support such a deviation is defendant’s possession of a dangerous weapon. That, of course, is the very offense of which he was convicted and has been taken into consideration by the sentencing guidelines in establishing the recommended sentence.