No. 93-KA-0126 Precedential Processed

State v. Charles

Louisiana Court of Appeal, First Circuit · Filed October 14, 1993 · 626 So. 2d 404

Cited by

State v. Jones 122 So. 3d 1065 La. Ct. App. 1st Cir. 2013
State v. Morgan 63 So. 3d 261 La. Ct. App. 1st Cir. 2011
State v. Boudreaux 966 So. 2d 79 La. Ct. App. 4th Cir. 2007

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Smith 610 So. 2d 152

Opinion text

BARRY, Judge, concurring. There are aggravating circumstances (See. 309B of the Guidelines) which justify imposition of a more severe sentence. Also, the trial court complied with C.Cr.P. art. 894.1. State v. Smith, 610 So.2d 152 (La.App. 4th Cir.1992), a 2-1 opinion of this Court, is under review by the Supreme Court. Smith held that the trial judge did not comply with the Guidelines and the panel reduced the defendant’s 15 year sentence to 10 years. Smith stands for the proposition that this Court can impose a sentence if the Guidelines are not followed. Smith should have been remanded for reconsideration by the trial judge.