Opinion
No. 97-KO-2439
January 16, 1998
IN RE: Johnson, Darrell T.; — Defendant(s); Applying for Supervisory and/or Remedial Writs; to the Court of Appeal, Fourth Circuit, Number 96KA-2305; Parish of Orleans Criminal District Court Div. "G" Number 369-373.
Defendant's four consecutive sentences of 99 years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence for armed robbery in violation of R.S. 14:64 are vacated and this case is remanded for resentencing. The record of sentencing does not provide an adequate factual basis for imposition of consecutive maximum terms of imprisonment for the 18 year old defendant, a first offender whose convictions arose out of the same course of conduct. La.C.Cr.P. art. 883. Upon resentencing the trial court must state for the record appropriate considerations taken into account in particularizing defendant's sentence. La.C.Cr.P. art. 894.1 (C).
JPV
PFC
WFM
HTL
BJJ
KIMBALL, J. not on panel.
TRAYLOR, J. would deny the writ.
KNOLL, J. would deny the writ.