State v. Fox

Full title: STATE OF LOUISIANA, PLAINTIFF-APPELLEE, v. DONALD WAYNE FOX…

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Jan 6, 1984

438 So. 2d 1202 (La. Ct. App. 1984)

Opinion

No. CR83-80A.

October 12, 1983. Writ Denied January 6, 1984.

APPEAL FROM THE ELEVENTH JUDICIAL DISTRICT COURT, PARISH OF SABINE; W. CHARLES BROWN, DISTRICT JUDGE, PRESIDING.

Steven R. Thomas, Mansfield, for defendant-appellant.

James L. Davis, Dist. Atty., Many, Abbott J. Reeves, Asst. Dist. Atty., Gretna, for plaintiff-appellee.

Before DOMENGEAUX, FORET and YELVERTON, JJ.

DOMENGEAUX, Judge.[fn*] [fn*] For the reasons assigned therein, the author of this opinion has also filed a concurring opinion.

For the reasons set forth in State of Louisiana v. Medford Carltail Maxie (La.App. 3rd Cir. 1983), the conviction and sentence of the defendant are affirmed.

AFFIRMED.

[3] DOMENGEAUX, Judge, concurring.

Although I authored the majority opinion, I again feel that it is necessary for me to reiterate the position that I stated previously in my concurring opinions in State v. Goodman, 427 So.2d 529 (La.App. 3rd Cir. 1983), and State v. Vallare, 430 So.2d 1336 (La.App. 3rd Cir. 1983), writ denied, that our new constitution does not provide for nor mandate judicial review of sentences which fall within the limits set by the respective criminal statutes. See also State v. Shelby, 438 So.2d 1166 (La.App. 3rd Cir. 1983), handed down by this Court on this date.