Louisiana Court of Appeal, 1983

State v. Fox

Louisiana Court of Appeal · Decided October 12, 1983 · Domengeaux, Foret, Yelverton

438 So. 2d 1202; 1983 La. App. LEXIS 9315 (Southern Reporter, Second Series)

Opinion of the Court

DOMENGEAUX, Judge.*

For the reasons set forth in State of Louisiana v. Medford Carltrail Maxie, 438 So.2d 1199 (La.App. 3rd Cir. 1983), the conviction and sentence of the defendant are affirmed.

AFFIRMED.

For the reasons assigned therein, the author of this opinion has also filed a concurring opinion.

Concurring Opinion

DOMENGEAUX, Judge,

concurring.

Although I authored the majority opinion, I again feel that it is necessary for me to reiterate the position that I stated previously in my concurring opinions in State v. Goodman, 427 So.2d 529 (La.App. 3rd Cir. 1983), and State v. Vallare, 430 So.2d 1336 (La.App. 3rd Cir. 1983), writ denied, that our new constitution does not provide for nor mandate judicial review of sentences which fall within the limits set by the respective criminal statutes. See also State v. Shelby, 438 So.2d 1166 (La.App. 3rd Cir. 1983), handed down by this Court on this date.

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