Supreme Court of Louisiana, 1993

State v. Saulsberry

State v. Saulsberry
Supreme Court of Louisiana · Decided June 18, 1993 · From, Lemmon, Marcus
619 So. 2d 563; 1993 La. LEXIS 2030; 1993 WL 219191 (Southern Reporter, Second Series)

State v. Saulsberry

Opinion of the Court

In re Saulsberry, Kenneth; — Defendants); applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. KA92-0574; Parish of Terrebonne, Thirty-Second Judicial District Court, Div. “B”, No. 216,159.

Granted in part; denied in part. Defendant’s sentence is vacated and this case is remanded for resentencing. The record of sentencing does not demonstrate adequate compliance with La.C.Cr.P. art. 894.1, nor provide a factual basis for imprisonment for the defendant, a second felony offender. Upon resentencing, the district court should comply with La.C.Cr.P. art. 894.1 as amended by Act 22 of 1991, which requires consideration of the sentencing guidelines promulgated by the Louisiana Sentencing Commission in determining the appropriate sentence to be imposed. Defendant’s application is otherwise denied.

LEMMON, J., dissents from the order. MARCUS, J., not on panel.

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