State v. Foy

Full title: STATE OF LOUISIANA, APPELLEE, v. CHARLES WAYNE FOY, APPELLANT

Court: Court of Appeal of Louisiana, Third Circuit

Date published: Oct 12, 1983

438 So. 2d 1207 (La. Ct. App. 1983)

Opinion

No. CR82-762.

October 12, 1983.

APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT, IN AND FOR THE PARISH OF CALCASIEU; ARTHUR J. PLANCHARD, JUDGE, PRESIDING.

James Miguez, Miguez Leckband and D. Michael Mooney, Lake Charles, for appellant.

Leonard K. Knapp, Jr., Dist. Atty. and Karen Lee Price, Asst. Dist. Atty., Lake Charles, for appellee.

Before DOMENGEAUX, FORET, and YELVERTON, JJ.

FORET, Judge.

For the reasons assigned in State of Louisiana v. Brown, 438 So.2d 1202 (La.App. 3 Cir. 1983) (rendered this date), defendant's sentence and conviction are affirmed.

AFFIRMED.

DOMENGEAUX, J., concurs and files brief reason.

[4] DOMENGEAUX, Judge, concurring.

I agree completely with the majority opinion. I file this special concurring opinion, however, feeling that the Louisiana Constitution does not provide for nor mandate judicial review of sentences which fall within the limits set by the respective criminal statutes. See my concurring opinions in State v. Goodman, 427 So.2d 529 (La.App. 3rd Cir. 1983); State v. Vallare, 430 So.2d 1336 (La.App. 3rd Cir. 1983), writ denied (La. 1983); State v. Shelby, Jr., 438 So.2d 1166 (La.App. 3rd Cir. 1983), handed down this date.