Louisiana Court of Appeal, 2000

State v. Bamburg

Louisiana Court of Appeal · Decided November 2, 2000 · Sullivan

772 So. 2d 356; 2000 WL 1693125 (Southern Reporter, Second Series)

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49 later published cases cite this decision. The 25 that cite it most often are listed here.

State of Louisiana v. Charles Edward Jackson -Aka- Charles E. Jackson (La. Ct. App. 2015)
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State v. Bench (La. Ct. App. 2018)
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State v. Price (La. Ct. App. 2017)
State v. Purvis (La. Ct. App. 2017)
State of Louisiana v. Jacob Dewayne Purvis (La. Ct. App. 2017)
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State of Louisiana v. Justin Seawright (La. Ct. App. 2017)
State of Louisiana v. Sean J. Breaux (La. Ct. App. 2017)
State of Louisiana v. John J. Landry III (La. Ct. App. 2016)
State of Louisiana v. Earl Lewis, IV (La. Ct. App. 2016)
State v. Watson (La. Ct. App. 2015)
State of Louisiana v. Manzy C. Watson AKA - Manzy Lashawn Watson AKA - Manzy L. Watson (La. Ct. App. 2015)
State of Louisiana v. Alfred Leonce Arceneaux AKA - Alfred L. Arceneaux AKA - Alfred Arceneaux (La. Ct. App. 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

772 So.2d 356 (2000)

STATE of Louisiana
v.
William R. BAMBURG.

No. 00-675.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2000.

Don M. Burkett, District Attorney, Many, LA, Counsel for the State.

Lawrence C. Billeaud, Louisiana Appellate Project, Lafayette, LA, Counsel for Defendant.

(Court composed of BILLIE COLOMBARO WOODARD, MARC T. AMY, and MICHAEL G. SULLIVAN, Judges.)

SULLIVAN, Judge.

On September 28, 1999, William Bamburg was convicted by a jury of attempted armed robbery in violation of La.R.S. 14:27 and 14:64. On March 16, 2000, he was sentenced to serve five years at hard labor with credit for time served. He now seeks review of his sentence.

ASSIGNMENT OF ERROR

Defendant asserts that the trial judge inadvertently sentenced him to serve double the statutory minimum sentence when he actually intended to impose the minimum statutory sentence. Defendant failed to object orally at sentencing and did not timely file a motion to reconsider sentence; therefore, his claim for excessiveness of sentence is barred. See La.Code Crim.P. art. 881.1. See also, State v. Davis, 97-331 (La.App. 3 Cir. 10/29/97); 702 So.2d 1014; writ denied, 97-2990 (La.11/6/98); 726 So.2d 919 (citing State v. Reeves, 619 So.2d 543 (La. 1993)). Accordingly, this assignment of error is without merit.

We note that the trial court did not impose Defendant's sentence without benefit of probation, parole, or suspension of sentence as mandated by La.R.S. 14:64. Previously, this would have been treated as an illegally lenient sentence. However, pursuant to the provisions of La.R.S. 15:301.1, which became effective August 15, 1999, the sentence imposed by the trial court is deemed to contain those provisions.

Accordingly, Defendant's sentence of five years at hard labor without benefit of parole, probation, or suspension of sentence and with credit for time served is affirmed.

AFFIRMED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.