Summary
remanding case for resentencing for trial court's failure to comply with application of 894.1 factors
Summary of this case from State v. StokesOpinion
No. 2014–KO–1611.
03-27-2015
STATE of Louisiana v. Corey J. LADD.
Opinion
Writ granted. The judgment of the court of appeal is reversed and the sentence imposed by the trial court is vacated. The case is remanded to the trial court for resentencing in compliance with Louisiana Code of Criminal Procedure article 894.1(C). “The court shall state for the record the considerations taken into account and the factual basis therefor in imposing sentence.”
KNOLL, J., additionally concurs with reasons.
CRICHTON, J., additionally concurs with reasons.
KNOLL, J., additionally concurs with reasons.
In view of the defendant's non-violent criminal record and the sentencing court's imposition of twenty years without the benefit of parole, probation, or suspension of sentence under the Habitual Offender Law, this sentence on its face seems very harsh. For these reasons, I am very interested in the sentencing court's reasons for imposing this apparently harsh sentence.
CRICHTON, J., additionally concurs with reasons.
Without complying with Louisiana Code of Criminal Procedure article 894.1(c), or for that matter supplying any reasons, the trial judge sentenced this young defendant to twenty years hard labor under La. R.S. 40:966(E)(3) and La. R.S. 15:529.1(3)(a). I therefore agree with the reversal and remand for resentencing in accordance with law. I additionally concur for the reasons set forth by Justice Knoll.