Cited by
Opinions in Louisiana that cite Stockle v. Zimmer, USA, 619 So. 2d 1059.
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State of Louisiana v. Kevin T. Arndt
La. Ct. App. 3d Cir. 2010
State v. Franco, 08-1071 (La.App.
- State v. Garner 47 So. 3d 584 La. Ct. App. 2d Cir. 2010
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State v. Kelly
46 So. 3d 229
La. Ct. App. 2d Cir. 2010
State v. Masters, 37,967 (La.App.2d Cir.12/17/03), ; State v. Duncan, 30,453 (La.App.2d Cir.2/25/98), .
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State v. Edwards
42 So. 3d 449
La. Ct. App. 2d Cir. 2010
Since the defendant’s motion for reconsideration merely alleged that the sentence is excessive, he is “simply relegated to having the appellate court consider the bare claim of excessiveness.” This bare claim preserves only a claim of constitutional excessiveness.
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State v. Lewis
36 So. 3d 1190
La. Ct. App. 2d Cir. 2010
Here, since Lewis’ motion for reconsideration merely alleged that the sentence is excessive, she is “simply relegated to having the appellate court | ..¡consider the bare claim of excessiveness.”
- State of Louisiana v. Robert Jacobs La. Ct. App. 3d Cir. 2010
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State of Louisiana v. Charles Johnson
La. Ct. App. 3d Cir. 2010
State v. Franco, 08-1071 (La.App.
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State of Louisiana v. Edward N. Wide
La. Ct. App. 3d Cir. 2010
See also, State v. West, 01-969 (La.App.
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State v. WIDE
35 So. 3d 1176
La. Ct. App. 1st Cir. 2010
See also, State v. West, 01-969 (La.App.
- State of Louisiana v. David Paul Guidry La. Ct. App. 3d Cir. 2010
- State v. Guidry 30 So. 3d 1187 La. Ct. App. 3d Cir. 2010
- State v. Smith 34 So. 3d 386 La. Ct. App. 2d Cir. 2010
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State v. Cooper
32 So. 3d 351
La. Ct. App. 2d Cir. 2010
More specifically, he asserts that as a second felony offender, with a prior conviction for possession of cocaine, he should not have received a sentence “anywhere near the maximum sentence which the trial court could have imposed.” *354 Since Cooper’s motion for reconsideration merely alleged that the sentence is excessive, he is “simply relegated to having the appellate court consider the bare claim of excessiveness.” Constitutional review turns upon whether the sentence is illegal, grossly di
- State v. Collins 35 So. 3d 1103 La. Ct. App. 1st Cir. 2010
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State v. McKEAVER
32 So. 3d 909
La. Ct. App. 2d Cir. 2010
State v. Masters, 37,967 (La.App.2d Cir.12/17/03), .
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State of Louisiana v. Joseph T. Plauche
La. Ct. App. 3d Cir. 2010
State v. Franco, 08-1071 (La.App.
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State v. Plauche
32 So. 3d 852
La. Ct. App. 1st Cir. 2010
State v. Franco, 08-1071 (La.App.
- State v. Evans 30 So. 3d 958 La. Ct. App. 1st Cir. 2009
- State v. Lofton 25 So. 3d 252 La. Ct. App. 1st Cir. 2009
- State of Louisiana v. Tory Landry La. Ct. App. 3d Cir. 2009
- State v. Landry 21 So. 3d 1148 La. Ct. App. 1st Cir. 2009
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State v. Nelson
25 So. 3d 905
La. Ct. App. 2d Cir. 2009
art. 881.1; State v. Speed, 43,786 (La.App.
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State v. Richie
25 So. 3d 879
La. Ct. App. 2d Cir. 2009
State v. Masters, 37,967 (La.App.2d Cir.12/17/03), ; State v. Duncan, 30,453 (La.App.2d Cir.2/25/98), .
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State v. Marshall
26 So. 3d 168
La. Ct. App. 2d Cir. 2009
State v. Jones, 41,449 (La.App.
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State v. Ashley
22 So. 3d 1045
La. Ct. App. 2d Cir. 2009
State v. Duncan, 30,453 (La.App.
- State v. Morgan 16 So. 3d 1289 La. Ct. App. 2d Cir. 2009
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State v. Hayes
16 So. 3d 604
La. Ct. App. 2d Cir. 2009
State v. Jones, 41,449 (La.App.
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State of Louisiana v. Raymundo Franco
La. Ct. App. 3d Cir. 2009
-60 (La.1993), the supreme court addressed this requirement, explaining: If the defendant does not allege any specific ground for excessiveness or present any argument or evidence not previously considered by the court at original sentencing, then the defendant does not lose the right to
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State v. Franco
8 So. 3d 790
La. Ct. App. 1st Cir. 2009
-60 (La.1993), the supreme court addressed this requirement, explaining: If the defendant does not allege any specific ground for excessiveness 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 the sentence; the
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State v. Howard
4 So. 3d 290
La. Ct. App. 2d Cir. 2009
Since defendant’s motion for reconsideration merely alleged that the sentence is excessive, (La.
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State v. Brown
4 So. 3d 301
La. Ct. App. 2d Cir. 2009
State v. Jones, 41,449 (La.App.2d 09/20/06), ; State v. Duncan, 30,453 (La.App.2d Cir.02/25/98), .
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State v. Dotie
1 So. 3d 833
La. Ct. App. 2d Cir. 2009
Because Dotie’s motion to reconsider urged merely that the sentence was excessive, he is now “simply relegated to having the appellate court consider the bare claim of excessiveness.” State v. Lofton, 41,-423 (La.App.
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State v. Speed
2 So. 3d 582
La. Ct. App. 2d Cir. 2009
art. 881.1; State v. Masters, 37,967 (La.App.
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State v. Engle
2 So. 3d 573
La. Ct. App. 2d Cir. 2009
| ¡¡Because Engle’s motion to reconsider urged merely that the sentence was excessive, he is now “simply relegated to having the appellate court consider the bare claim of excessiveness.” State v. Lofton, 41,-423 (La.App.
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State v. Bass
4 So. 3d 110
La. Ct. App. 2d Cir. 2009
State v. Masters, 37,967 (La.
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State v. Ridgley
7 So. 3d 689
La. Ct. App. 1st Cir. 2009
See also: ("Article 881.1 only precludes the defendant from presenting arguments to the court of appeal which were not presented to the trial court at a point in the proceedings when the trial court was in a position to correct the deficiency.”).
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State v. Bedoya
998 So. 2d 1283
La. Ct. App. 5th Cir. 2008
State v. Mims, 93-808 (La.6/18/93), -60 (per curiam).
- State of Louisiana v. E. J. F. La. Ct. App. 3d Cir. 2008
- State v. EJF 999 So. 2d 224 La. Ct. App. 3d Cir. 2008
- State v. E.J.F. 999 So. 2d 224 La. Ct. App. 1st Cir. 2008
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State v. Rogers
999 So. 2d 175
La. Ct. App. 2d Cir. 2008
The defendant's motion for reconsideration of sentence merely alleged that the sentence is excessive
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State v. SHYNE
999 So. 2d 177
La. Ct. App. 2d Cir. 2008
Therefore, he is "simply relegated to having the appellate court consider the bare claim of excessiveness."
- State of Louisiana v. S.L. D. La. Ct. App. 3d Cir. 2008
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State of Louisiana v. Kenneth Lakieth Milligan
La. Ct. App. 3d Cir. 2008
” State v. Theriot, 04-897, p. 8 (La.App.
- State v. S.L.D. 997 So. 2d 759 La. Ct. App. 1st Cir. 2008
- State v. Milligan 996 So. 2d 74 La. Ct. App. 3d Cir. 2008
- State v. SLD 997 So. 2d 759 La. Ct. App. 3d Cir. 2008
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State v. Caston
996 So. 2d 480
La. Ct. App. 2d Cir. 2008
State v. Masters, 37,967 (La.App.
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State v. Sterling
996 So. 2d 445
La. Ct. App. 2d Cir. 2008
Since defendant's motion for reconsideration merely alleged that the sentence is excessive, he is relegated to our sole consideration of the bare claim of excessiveness.
- State v. Mingo 997 So. 2d 33 La. Ct. App. 2d Cir. 2008