# State v. Spano

> Louisiana Court of Appeal · August 1, 2006 · 936 So. 2d 304

URL: https://www.frixlaw.com/law-library/cases/7783944

## Case

- **Full name:** STATE of Louisiana v. John Vincent SPANO
- **Court:** Louisiana Court of Appeal
- **Decided:** August 1, 2006
- **Citations:** 936 So. 2d 304; 2006 La. App. LEXIS 1613; 2006 WL 2129791
- **Precedential status:** Published
- **Opinion:** Concurring in part by Brown
- **Judges:** Brown, Drew, Peatross
- **Cited by:** 3 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/7783944

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7783944. Public record. Not legal advice.