Legal Opinion · Dissent

State v. Hamdalla

Louisiana Court of Appeal

Decided October 2, 2013No. 2012-KA-1413Published

1DissentBelsome, J.

Ill respectfully dissent from the majority opinion. More specifically, I find that the defendant’s eighty-year sentence, imposed without benefits,1 is excessive.

It is well-established that La. Const, art. I, § 20 explicitly prohibits excessive sentences. State v. Baxley, 94-2982, p. 4, (La.5/22/95), 656 So.2d 973, 977. Although a sentence is within the statutory limits, the sentence may still violate a defendant’s constitutional right against excessive punishment. State v. Brady, 97-1095, p. 17 (La.App. 4 Cir. 2/3/99), 727 So.2d 1264, 1272, rehearing granted on other grounds, (La.App. 4 Cir.…

2Cases cited17 opinions

  1. State v. BonannoSupreme Court of Louisiana · 1980
  2. State v. LobatoSupreme Court of Louisiana · 1992
  3. State v. JohnsonSupreme Court of Louisiana · 1998
  4. State v. TelseeSupreme Court of Louisiana · 1983
  5. State v. CannSupreme Court of Louisiana · 1985

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