State v. Statham

Supreme Court of Louisiana December 10, 1982

State v. Statham, 423 So. 2d 1138 (La. 1982)

1982 La. LEXIS 12793

Calogero, Defendant, Dennis, Dixon, Duty, Evidence, Grant, Guilt, Obstructed, Officer, Performance, Reveals, That, There, Writ

Opinion of the Court

In re Larry Statham, applying for Writ of Certiorari, Parish of DeSoto, No. 46,497.

Granted. The sentence is set aside, and the case is remanded for resentencing with articulation of the reasons for not suspending the sentence.

DIXON, C.J., would grant and consider whether there is sufficient evidence to support defendant’s guilt. CALOGERO, J., would grant the writ. DENNIS, J., would grant the writ. The trial transcript reveals no evidence that the defendant obstructed the officer in the performance of his duty.

Reference

Full Case Name: STATE of Louisiana v. Larry STATHAM
Status: Published