Supreme Court of Louisiana, 1993

State v. McNeil

Supreme Court of Louisiana · Decided September 17, 1993 · Deny, Lemmon, Marcus, Writ

623 So. 2d 1320; 1993 WL 364343 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

State v. Harris (La. Ct. App. 1996)
State v. Merrill (La. Ct. App. 1995)

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 of the Court

In re McNeil, Henry; — Defendant(s); applying for supervisory and/or remedial writs; to the Court of Appeal, Fourth Circuit, No. KA91-2265; Parish of Orleans, Criminal District Court, Div. “I”, No. 339-541.

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 LSA-C.Cr.P. art. 894.1 nor provide a factual basis for imposition of an apparently severe sentence of 20 years at hard labor on a second offender convicted of distributing one, ten-dollar rock of cocaine. Upon resentencing, the district court should comply with LSA-C.Cr.P. art. 894.1 as amended by Act 22 of 1991, which requires consideration of the sentencing guidelines promulgated by the Louisiana Sentence Commission in determining the appropriate sentence to be imposed. Defendant’s application is otherwise denied.

LEMMON, J., would deny the writ. MARCUS, J., not on panel.

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