Opinion

State v. Herbert

  • 12 La.App. 3 Cir. 228
  • 94 So. 3d 916
  • 2012 La. App. LEXIS 849
  • 2012 WL 2120697
Court
Louisiana Court of Appeal
Filed
Jun 13, 2012
Status
Published
Author
Thibodeaux
On the bench
Amy, Decuir, Oswald, Thibodeaux
Cited by
25 cases

The opinion

THIBODEAUX, Chief Judge,

dissenting.

_JjThe defendant’s only past record is a nonviolent misdemeanor offense. The jurisprudence is clear. Maximum sentences are reserved for the most egregious offenses and the worst type of offender. In imposing a forty-year sentence for a first time felony offender, the tridl court abused its sentencing discretion. While I do not wish to minimize the severity of this offense, I find that the maximum sentence in this case makes no meaningful contribution to acceptable penal goals and only results in enhancing Louisiana’s position as the incarceration capital of the world.

For the foregoing reasons, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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