Opinion

State v. Hardy

  • 622 So. 2d 858
  • 1993 La. App. LEXIS 2672
  • 1993 WL 288511
Court
Louisiana Court of Appeal
Filed
Aug 3, 1993
Status
Published
Author
Landrieu
On the bench
Barry, Landrieu, Waltzer
Cited by
4 cases

The opinion

LANDRIEU, Judge,

concurring in part and dissenting in part.

I concur in part and respectfully dissent in part.

I join with the majority in affirming defendant’s conviction. However, I would vacate the sentence and remand the matter to the trial court for re-sentencing.

The sentence of six years imposed by the trial court is twice the maximum sentence recommended by the sentencing guidelines and represents a gross deviation not supported by the record.

*864 The only fact in the record that could support such a deviation is defendant’s possession of a dangerous weapon. That, of course, is the very offense of which he was convicted and has been taken into consideration by the sentencing guidelines in establishing the recommended sentence.

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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