Cited by
Opinions in Louisiana that cite Stockle v. Zimmer, USA, 619 So. 2d 1059.
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State v. Jackson
734 So. 2d 54
La. Ct. App. 2d Cir. 1999
State v. Duncan, 30,453 (La.App.2d Cir.2/25/98), .
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State v. Richmond
734 So. 2d 33
La. Ct. App. 1st Cir. 1999
after remand, writ denied, 93-2933 (La.2/11/94), , the Louisiana Supreme Court was silent as to whether the failure to comply with Article 881.1 precludes even a claim of constitutional excessiveness.
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State v. Richmond
734 So. 2d 33
La. Ct. App. 5th Cir. 1999
after remand, writ denied, 93-2933 (La.2/11/94), , the Louisiana Supreme Court was silent as to whether the failure to comply with Article 881.1 precludes even a claim of constitutional excessiveness.
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State v. Williams
729 So. 2d 14
La. Ct. App. 5th Cir. 1999
5th Cir. 4/9/97), , writ denied, 97-1255 (La.10/13/97)
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State v. Erwin
734 So. 2d 666
La. Ct. App. 1st Cir. 1999
art. 881.1(A)(2) provides that a motion to reconsider sentence “shall set forth the specific grounds on which the motion is based.” the defendant’s motion to reconsider sentence alleged only that the sentence imposed was excessive.
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State v. Moreau
726 So. 2d 512
La. Ct. App. 1st Cir. 1999
State v. Holmes, 94 -907 (La.
- State v. Willis 728 So. 2d 493 La. Ct. App. 2d Cir. 1999
- State v. Medious 722 So. 2d 1086 La. Ct. App. 5th Cir. 1998
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State v. Spradley
722 So. 2d 63
La. Ct. App. 1st Cir. 1998
P. art. 881.1; -60 (La.1993).
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State v. Jones
720 So. 2d 52
La. Ct. App. 1st Cir. 1998
(per curiam), the Louisiana Supreme Court held that (under La.Code Crim.
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State v. Scott
716 So. 2d 967
La. Ct. App. 2d Cir. 1998
State v. Duncan, 30,463 (La.App.2d Cir.2/25/98), ; State v. Park, 30,394 (La.App.2d Cir.2/25/98), .
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State v. Branch
714 So. 2d 1277
La. Ct. App. 2d Cir. 1998
(wherein the defendant presented a motion for reconsideration at the trial court level), obviate the statutory requirement that a motion to reconsider sentence be filed in *1288 order to preserve an excessive sentence claim for appellate review.
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State v. Hampton
716 So. 2d 417
La. Ct. App. 1st Cir. 1998
constituted an objection sufficient to preserve a review of a
- State v. Wilson 714 So. 2d 126 La. Ct. App. 2d Cir. 1998
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State v. Fairley
711 So. 2d 349
La. Ct. App. 1st Cir. 1998
art. 881.1 D; (per curiam); (La.App.
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State v. Roberts
708 So. 2d 1199
La. Ct. App. 5th Cir. 1998
State v. Holmes, 94-907 (La.App.
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State v. Park
707 So. 2d 1058
La. Ct. App. 2d Cir. 1998
State v. Duncan, 30,453 (La.App.
- State v. Duncan 707 So. 2d 164 La. Ct. App. 2d Cir. 1998
- State v. Curtis 707 So. 2d 1328 La. Ct. App. 5th Cir. 1998
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State v. Joubert
705 So. 2d 1295
La. Ct. App. 3d Cir. 1998
3 Cir. 3/6/96) , ; appeal after remand, (La.App.
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State v. Hammond
704 So. 2d 1281
La. Ct. App. 3d Cir. 1998
appeal after remand, (La.App.
- State v. Washington 705 So. 2d 254 La. Ct. App. 2d Cir. 1997
- State v. Washington 705 So. 2d 254 La. Ct. App. 2d Cir. 1997
- State v. Anderson 702 So. 2d 40 La. Ct. App. 2d Cir. 1997
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State v. Mitchell
697 So. 2d 22
La. Ct. App. 1st Cir. 1997
Although defense counsel did not submit a written motion to reconsider or state any specific grounds for attacking the instant sentence, the foregoing statement arguably could be considered as a "bare claim of excessiveness"
- State v. Pendelton 696 So. 2d 144 La. Ct. App. 5th Cir. 1997
- State v. Franklin 693 So. 2d 219 La. Ct. App. 3d Cir. 1997
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State v. Jackson
694 So. 2d 440
La. Ct. App. 5th Cir. 1997
See also, writ denied, 93-2933 (La.2/11/94), .
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State v. Williams
688 So. 2d 1343
La. Ct. App. 1st Cir. 1997
appeal after remand, (La.App.
- State v. Vaurigaud 690 So. 2d 110 La. Ct. App. 1st Cir. 1997
- State v. Handley 686 So. 2d 149 La. Ct. App. 1st Cir. 1996
- State v. Balser 694 So. 2d 351 La. Ct. App. 5th Cir. 1996
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State v. Demouchet
684 So. 2d 21
La. Ct. App. 1st Cir. 1996
Thus, this claim was not properly preserved
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State v. Green
683 So. 2d 1292
La. Ct. App. 3d Cir. 1996
-1060 (La.1993), the Louisiana Supreme Court stated: Under Article 881.1 the defendant must file a motion to reconsider and set forth the "specific grounds" upon which the motion is based in order to raise an objection to the sentence on appeal.
- State v. Reaves 681 So. 2d 41 La. Ct. App. 2d Cir. 1996
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State v. Henton
682 So. 2d 777
La. Ct. App. 2d Cir. 1996
as having obviated the statutory requirement that a motion to reconsider sentence be filed in order to preserve a claim of excessive sentence for appellate review.
- State v. Brantley 679 So. 2d 472 La. Ct. App. 2d Cir. 1996
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State v. Williams
677 So. 2d 692
La. Ct. App. 3d Cir. 1996
Ordinarily, defendant's failure to raise the claims in a appeal after remand, (La.
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State v. Smith
677 So. 2d 589
La. Ct. App. 2d Cir. 1996
as having obviated the statutory requirement that a motion to reconsider sentence be filed in order to preserve a claim of excessive sentence for appellate review.
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State v. Davis
674 So. 2d 1013
La. Ct. App. 2d Cir. 1996
We do not read the Louisiana Supreme Court’s as having obviated the statutory requirement that a motion to reconsider sentence be filed in order to preserve a claim of excessive sentence for appellate review.
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State v. Collins
677 So. 2d 500
La. Ct. App. 3d Cir. 1996
Thus, finding defense counsel's claim and defendant's pro-se claim regarding the Louisiana Sentencing Guidelines to be moot, as well as defendant's claim regarding mitigating factors to not be properly before this court, appeal after remand, (La.App.
- State v. Davis 672 So. 2d 428 La. Ct. App. 2d Cir. 1996
- State v. Tate 670 So. 2d 671 La. Ct. App. 3d Cir. 1996
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State v. Pyke
670 So. 2d 713
La. Ct. App. 3d Cir. 1996
appeal after remand (La.App.
- State v. Famous 667 So. 2d 1209 La. Ct. App. 2d Cir. 1996
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State v. Robinson
661 So. 2d 527
La. Ct. App. 2d Cir. 1995
as having obviated the statutory requirement that a motion to reconsider sentence be filed in order to preserve a claim of excessive sentence for appellate review.
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State v. Dunbar
657 So. 2d 429
La. Ct. App. 3d Cir. 1995
the supreme court found: Under Article 881.1 the defendant must file a motion to reconsider and set forth the "specific grounds" upon which the motion is based in order to raise an objection to the sentence on appeal.
- State v. Brown 656 So. 2d 1070 La. Ct. App. 5th Cir. 1995
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State v. Andrews
655 So. 2d 448
La. Ct. App. 1st Cir. 1995
-1060 (La.1993), the Supreme Court indicated that "[i]f the defendant does not allege any specific ground for excessiveness [in his motion to reconsider sentence] or present any argument or evidence not previously considered by the court at original sentencing, then the defendant does not lose the right to appeal
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State v. Southall
652 So. 2d 581
La. Ct. App. 1st Cir. 1995
-60 (La.1993) (per curiam).