State v. Pontiff
State v. Pontiff
Opinion of the Court
Defendant was charged by bill of information with theft of property valued in
Defendant now urges that the trial judge failed to comply with the sentencing criteria of LSA-C.Cr.P. art. 894.1 and that the sentence is excessive and harsher than his original sentence.
A sentence will be remanded for further articulation only if a review indicates that it appears excessive. Mark Pontiff pled guilty to an offense which inadequately describes his conduct thereby obtaining a significant reduction in potential exposure to imprisonment.
Mark Pontiff was resentenced to ninety days imprisonment out of a possible one year. Since his previous sentence of ninety days in jail was additional to a suspended sentence with a lengthy probation, the resentencing of ninety days in jail is not excessive or harsh.
Although we find no merit in defendant’s appeal and affirm his resentenc-ing, we note, ex proprio motu, that the sentencing commitment incorrectly states the defendant’s term of imprisonment as was pronounced in open court and copied in the minute entry, which necessitates a remand, in order that the Department of Corrections does not hold the defendant under the terms of the erroneous commitment entry.
Accordingly, we remand the case to the district court for correction of the sentencing commitment to conform with the sentence as stated in open court and copied in the minute entry. See, State v. Cushman, 481 So.2d 1376 (La.App. 5 Cir. 1986).
AFFIRMED AND REMANDED, WITH ORDER.
Reference
- Full Case Name
- STATE of Louisiana v. Mark S. PONTIFF
- Cited By
- 1 case
- Status
- Published