Summary
In State ex rel. Walgamotte v. Blackburn, 481 So.2d 1322 (La. 1986), the defendant was sentenced as a fourth offender to life imprisonment for possessing stolen things.
Summary of this case from State v. MelanconOpinion
No. 85-KH-0422.
February 7, 1986.
Defendant was convicted in the Criminal District Court, Parish of Orleans, of crime of possessing stolen things, and was sentenced to life without benefit as fourth offender, and he applied for supervisory writs. The Supreme Court held that sentence was excessive.
Vacated and remanded.
Sentence to life without benefit, the maximum under the Habitual Offender Law, LSA-R.S. 15:529.1, for a fourth offender before the court on the non-violent crime of possessing stolen things, LSA-R.S. 14:69, appears to be unconstitutionally excessive. Compare Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983). Defendant's sentence is vacated and he is to be resentenced complying fully with LSA-C.Cr.P. art. 894.1.
Defendant's other convictions involved simple burglary, receiving stolen goods, and possession of cocaine with intent to distribute.
SENTENCE VACATED; REMANDED TO TRIAL COURT.