Opinion

State v. Spano

  • 936 So. 2d 304
  • 2006 La. App. LEXIS 1613
  • 2006 WL 2129791
Court
Louisiana Court of Appeal
Filed
Aug 1, 2006
Status
Published
Author
Brown
On the bench
Brown, Drew, Peatross
Cited by
3 cases
Authority
More cited than 1.1%

The opinion

BROWN, Chief Judge,

concurring and dissenting.

IU agree with affirming defendant’s conviction but see no point in vacating the *313 sentence and remanding for further proceedings. The majority opinion states, “[Hjence, under ‘or any combination of such crimes,’ Spano was at least a third felony habitual offender earning a sentence of life imprisonment without benefits as per La. R.S. 15:529.1(A)(l)(b)(ii).” Whether a third or fourth felony offender, a mandatory life sentence is prescribed.

The mandatory minimum punishments provided for by the multiple offender statute are presumed constitutional. Where there is a mandatory sentence under a statute that is constitutional, there is no need for the trial court to justify, under article 894.1, a sentence it is legally required to impose. State v. Koon, 31,177 (La.App. 2d Cir.02/24/99), 730 So.2d 503 ; State v. Rose, 606 So.2d 845 (La.App. 2d Cir.1992). A life sentence was given to Spano by the trial court. The majority has found that Spano is at least a third felony offender and subject to a mandatory life sentence. We should simply affirm the life sentence imposed.

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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