Summary
In State v. McNeil, 623 So.2d 1320 (La. 1993), the supreme court found that the record did not support a twenty year sentence for a second felony offender convicted of distributing one, ten-dollar rock of cocaine.
Summary of this case from State v. HarrisOpinion
No. 93-KO-0668.
September 17, 1993.
In re McNeil, Henry; — Defendant(s); applying for supervisory and/or remedial writs; to the Court of Appeal, Fourth Circuit, No. KA91-2265; Parish of Orleans, Criminal District Court, Div. "I", No. 339-541.
Granted in part; denied in part. Defendant's sentence is vacated and this case is remanded for resentencing. The record of sentencing does not demonstrate adequate compliance with LSA-C.Cr.P. art. 894.1 nor provide a factual basis for imposition of an apparently severe sentence of 20 years at hard labor on a second offender convicted of distributing one, ten-dollar rock of cocaine. Upon resentencing, the district court should comply with LSA-C.Cr.P. art. 894.1 as amended by Act 22 of 1991, which requires consideration of the sentencing guidelines promulgated by the Louisiana Sentence Commission in determining the appropriate sentence to be imposed. Defendant's application is otherwise denied.
LEMMON, J., would deny the writ.
MARCUS, J., not on panel.