Opinion
No. 99-K-1247
October 8, 1999
In re State of Louisiana; — Plaintiff(s); Applying for Writ of Certiorari and/or Review, Parish of St. Landry, 27th Judicial District Court Div. B, Nos. 94-K-4037-B; to the Court of Appeal, Third Circuit, No. CR98-1487.
Prior report: La.App., 734 So.2d 771.
Granted. The judgment of the court of appeal is reversed and the sentence imposed by the trial court on the defendant is reinstated. The 1994 amendment of La.R.S. 40:967 (F) (1) (c), doubling the penalty range for possession of 400 grams or more of cocaine, reflects the legislature's renewed concern for the seriousness of the offense. Given this clear expression of legislative intent, the factual basis articulated by the trial court adequately supported the sentence imposed at the midpoint of the range provided by the statute as amended.
WFM
HTL
JPV
CDT
JTK
CALOGERO, C.J., not on panel.
KIMBALL, J., would grant and docket.
JOHNSON, J., dissents from the order.