687 So. 2d 371

STATE of Louisiana v. Andrew McROYAL.

No. 96-KK-3051.

Supreme Court of Louisiana.

Feb. 7, 1997.

CALOGERO, C.J., would grant for assigned reasons.

LEMMON, J., would grant the writ.

JOHNSON, J., would grant the writ.

TRAYLOR, J., not on panel.

CALOGERO, Chief Justice,

would grant for the following reasons.

The district court deviated from the mandatory sentence of life imprisonment under La.R.S. 15:529.1, for the stated reason that a sentence of life imprisonment for this purse-snatching (albeit a third offense)1 was constitutionally excessive. Contrary to the majority, I believe that the trial judge acted within the parameters of his discretion to review sentences for excess, under State v. Dorthey, 628 So.2d 1276 (La.1993) and State v. Sepulvado, 367 So.2d 762 (La.1979). Accordingly, I would grant defendant’s writ application.

State v. McRoyal
687 So. 2d 371

Case Details

Name
State v. McRoyal
Decision Date
Feb 7, 1997
Citations

687 So. 2d 371

Jurisdiction
Louisiana

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