# State v. Brown

> Louisiana Court of Appeal · June 19, 2002 · 2002 La.App. 4 Cir. 1057

URL: https://www.frixlaw.com/law-library/cases/7752244

## Case

- **Full name:** STATE of Louisiana v. Patrina BROWN
- **Court:** Louisiana Court of Appeal
- **Decided:** June 19, 2002
- **Citations:** 2002 La.App. 4 Cir. 1057; 821 So. 2d 751; 2002 La. App. LEXIS 2101; 2002 WL 1365635
- **Precedential status:** Published
- **Opinion:** Dissent by Jmckay
- **Judges:** Bagneris, III, Jmckay, Waltzer
- **Cited by:** 0 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/7752244

## Opinion text

_[jMcKAY, J.,
Dissents with Reasons.
I respectfully dissent from the majority opinion in this matter. I would affirm the ruling of the district court. In State v. Johnson, 97-1906 (La.3/4/98), 709 So.2d 672 , the Louisiana Supreme Court set guidelines for when and under what circumstances courts should exercise their discretion under State v. Dorthey, 623 So.2d 1276 , to declare excessive a minimum sentence mandated by La. R.S. 15:529.1.
In the instant matter the district court clearly found that this particular defendant met the necessary criteria for the downward departure from the mandatory sentence. He clearly articulated ■ her exceptional circumstances and unusual circumstances included that she was drug free, employed, an exemplary probationer and mother of six children. I find nothing in the trial court’s judgment, which runs contravene to our Louisiana Supreme Court holding in State v. Lindsey, 99-3256 (La.10/17/00), 770 So.2d 339 and within the guidelines of Dorthey and its proge-nies. I would affirm the district court and deny the State’s writ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7752244. Public record. Not legal advice.