Legal Opinion

State v. Sellers

Louisiana Court of Appeal

Decided November 20, 2013No. 48,515-KAPublished

1Opinion of the CourtMoore, J.

|, After a jury found the defendant, Robert James Sellers, Jr., guilty of aggravated battery and attempted incest in violation of La. R.S. 14:34 and 14:78, respectively, the trial court imposed sentences of seven years and ten years for each count, to be served concurrently. The defendant filed this appeal challenging the sufficiency of evidence to support the convictions and the constitutionality of the harsh sentences. For the following reasons, we affirm the defendant’s convictions, vacate the sentences, and remand with instructions for resentencing.

FACTS

The defendant, Robert James…

2Cases cited19 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Atkins v. VirginiaSupreme Court of the United States · 2002
  3. State v. DortheySupreme Court of Louisiana · 1993
  4. State v. BonannoSupreme Court of Louisiana · 1980
  5. State v. SmithSupreme Court of Louisiana · 1983

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