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State ex rel. Walgamotte v. Blackburn

Supreme Court of Louisiana
State ex rel. Walgamotte v. Blackburn, 481 So. 2d 1322 (La. 1986)
1986 La. LEXIS 5562

State ex rel. Walgamotte v. Blackburn

Opinion of the Court

PER CURIAM.

Sentence to life without benefit, the maximum under the Habitual Offender Law, LSA-R.S. 15:529.1, for a fourth offender1 before the court on the non-violent crime of possessing stolen things, LSA-R.S. 14:69, appears to be unconstitutionally excessive. Compare Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983). Defendant’s sentence is vacated and he is to be resentenced complying fully with LSA-C. Cr.P. art. 894.1.

SENTENCE VACATED; REMANDED TO TRIAL COURT.

. Defendant’s other convictions involved simple burglary, receiving stolen goods, and possession of cocaine with intent to distribute,

Reference

Full Case Name
STATE ex rel. Leslie F. WALGAMOTTE v. Frank BLACKBURN, Warden, Louisiana State Penitentiary
Cited By
1 case
Status
Published
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