Legal Opinion
State v. Hoston
Louisiana Court of Appeal
Decided August 18, 1993No. 25,092-KAPublished
1Opinion of the Court
MARVIN, Chief Judge.
On the belief that FSG Grid Cell 5-F was applicable, and that this Grid Cell recommended an incarceration range of only 6-9 months for the negligent homicide of a 14-month-old child who was left unattended in a bathtub, the trial court departed upward and sentenced the 20-year-old mother to the maximum statutory term of five years at hard labor. LRS 14:12,32.
On the mother’s appeal, we vacate that sentence and remand to allow the trial court to resentence in the light of the amendments to the grid guidelines which became effective six days before the sentence was imposed on…
2Cases cited5 opinions
- State v. StrotherLouisiana Court of Appeal · 1992
- State v. NorrellLouisiana Court of Appeal · 1993
- State v. WilliamsLouisiana Court of Appeal · 1984
- State v. MatthewsLouisiana Court of Appeal · 1988
- State v. WilliamsLouisiana Court of Appeal · 1986