State v. Jefferson

8 Citing cases

  1. State v. Sims

    106 So. 3d 709 (La. Ct. App. 2012)   Cited 2 times

    Id. In State v. Jefferson, 02–1159 (La.App. 4 Cir. 12/4/02), 834 So.2d 572, the defendant was charged with first-degree murder, convicted of manslaughter, and sentenced under La.C.Cr.P. art. 893.3 to twenty-five years at hard labor. The defendant shot the victim during an argument when the victim was drunk and the defendant was relatively sober.

  2. State v. Harvey

    345 So. 3d 1043 (La. Ct. App. 2022)   Cited 7 times
    In Harvey, 345 So.3d 1043, the court affirmed the defendant's maximum sentence for obstruction for disposing of the gun used to kill the victim and telling police he gave it to another man.

    This Court has held that an oral objection made at sentencing, even one stating no ground, is sufficient to preserve for review the bare ground of excessiveness. SeeState v. Jefferson, 02-1159, p. 7 (La. App. 4 Cir. 12/4/02), 834 So.2d 572, 576 (citations omitted). Under both the Eighth Amendment of the United States Constitution and Article I, § 20 of the Louisiana Constitution, the imposition of excessive and cruel punishments are prohibited.

  3. State v. Cole

    KA 18-26 (La. Ct. App. May. 9, 2018)

    He was also charged with three other felonies, burglary of an inhabited dwelling, illegal possession of stolen things, and second degree battery, that were dismissed as part of the plea agreement. She further declares that mid-to-high range sentences have been upheld in other manslaughter cases, citing State v. Cushman, 94-336 (La.App. 3 Cir. 11/2/94), 649 So.2d 639, writ denied, 95-2045 (La. 3/7/97), 689 So.2d 1370 (affirmed a twenty-one year old first offender's thirty-year manslaughter sentence for the death of his seventeen month old son); State v. Jefferson, 02-1159 (La.App. 4 Cir. 12/4/02), 834 So.2d 572 (affirmed a twenty-five year sentence for manslaughter under La.Code Crim.P. art. 893.3 when the defendant shot the victim during an argument); State v. Pegues, 10-1626 (La. 2/18/11), 56 So.3d 223 (affirmed a first offender's forty-year sentence for killing a sheriff's deputy); State v. Sepulvado, 10-435 (La.App. 3 Cir. 3/9/11), 59 So.3d 463, writ denied, 11-1151 (La. 11/14/11), 75 So.3d 941 (affirmed a thirty-year sentence for a twenty-six year old defendant with a prior conviction for attempted distribution of a schedule II drug); and State v. Lewis, 09-1404 (La. 10/22/10), 48 So.3d 1073 (reinstated a thirty-year sentence for a sixteen year old defendant who shot a friend in the head).

  4. State v. Wells

    191 So. 3d 1127 (La. Ct. App. 2016)   Cited 13 times
    Disapproving of the Orleans Parish prosecuting authorities' practice of producing discoverable evidence in "dribs and drabs" over extended periods of time

    4 Cir. 1/7/15), 158 So.3d 860, 872–74 (defendant with no prior convictions charged with second degree murder and convicted of manslaughter; 30–year sentence not excessive); Sims, 11–1447, pp. 11–13, 106 So.3d at 715–16 (charged with second degree murder; convicted of manslaughter; 30–year sentence without benefit of parole not excessive); State v. Bowman, 95–0667 (La.App. 4 Cir. 7/10/96), 677 So.2d 1094 (sixteen-year-old first offender charged with second degree murder; convicted of manslaughter; 33–year sentence not excessive); State v. Jefferson, 02–1159 (La.App. 4 Cir. 12/4/02), 834 So.2d 572 (charged with first degree murder; convicted of manslaughter; sentence of 25–years not excessive). E

  5. State v. Sepulvado

    59 So. 3d 463 (La. Ct. App. 2011)   Cited 7 times

    See State v. Cushman, 94-336 (La. App. 3 Cir. 11/2/94), 649 So.2d 639, writ denied, 95-2045 (La.3/7/97), 689 So.2d 1370. See also State v. Jefferson, 02-1159 (La.App. 4 Cir. 12/4/02), 834 So.2d 572. See also State v. Pegues, 09-1089 (La.App. 3 Cir. 6/9/10), 43 So.3d 1008.

  6. State v. Edwards

    979 So. 2d 623 (La. Ct. App. 2008)   Cited 13 times
    In Edwards, 979 So.2d 623, the defendant was sentenced to thirty years of imprisonment after pleading guilty to manslaughter.

    Taking King's relationship with the victim and his lack of a prior felony record, the fifth circuit did not find the sentence was such that shocked its sense of justice. The accused in State v. Jefferson, 02-1159 (La.App. 4 Cir. 12/4/02), 834 So.2d 572, was convicted of manslaughter by a jury and sentenced to twenty-five years imprisonment. After drinking and ingesting cocaine, he and the victim, who had become very drunk, and another friend of the victim's, went to the victim's apartment.

  7. State v. Batiste

    947 So. 2d 810 (La. Ct. App. 2006)   Cited 88 times
    Holding that articulation of the factual basis for a sentence is the goal of Art. 894.1, not rigid or mechanical compliance with its provisions; where the record clearly shows an adequate factual basis for the sentence imposed, resentencing is unnecessary even when there has not been full compliance with Art. 894.1

    This Court has also upheld longer sentences for manslaughter than that imposed on the appellant. In State v. Jefferson, 2002-1159 (La.App. 4 Cir. 12/4/02), 834 So.2d 572, this Court upheld the defendant's twenty-five-year sentence. The defendant and the victim argued, and then the defendant shot the victim and another man, also taking their money.

  8. State v. Kirkling

    904 So. 2d 786 (La. Ct. App. 2005)   Cited 11 times

    4 Cir. 12/28/94), 648 So.2d 494, 495-96.See also State v. Jefferson, 2002-1159, p. 7 (La.App. 4 Cir. 12/4/02), 834 So.2d 572, 576; State v. Thompson, 98-0988 (La.App. 4 Cir. 1/26/00), 752 So.2d 293.