# State v. Herbert

> Louisiana Court of Appeal · June 13, 2012 · 12 La.App. 3 Cir. 228

URL: https://www.frixlaw.com/law-library/cases/4876329

## Case

- **Full name:** STATE of Louisiana v. Thomas HERBERT
- **Court:** Louisiana Court of Appeal
- **Decided:** June 13, 2012
- **Citations:** 12 La.App. 3 Cir. 228; 94 So. 3d 916; 2012 La. App. LEXIS 849; 2012 WL 2120697
- **Precedential status:** Published
- **Opinion:** Dissent by Thibodeaux
- **Judges:** Amy, Decuir, Oswald, Thibodeaux
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4876329

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4876329. Public record. Not legal advice.