Legal Opinion
State v. Smith
Louisiana Court of Appeal
Decided August 25, 2009No. 09-KA-100PublishedCited by 32 opinions
1Opinion of the Court
FREDERICKA HOMBERG WICKER, Judge.
|sIn this criminal proceeding, defendant/appellant Sean Smith appeals his possession with intent to distribute MDMA conviction and his 30-year habitual offender sentence. Mr. Smith assigned the following errors: (1) excessive sentence; (2) failure to comply with La.C.Cr.P. art. 894.1; (3) denial of motion to reconsider sentence; (4) in the alternative, if the motion to reconsider is deemed untimely, counsel was ineffective for failing to preserve the defendant’s rights to object to the sentence; and, (5) unconstitutional non-unanimous jury verdict. Finding no…
2Cases cited32 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Ring v. ArizonaSupreme Court of the United States · 2002
- State v. OliveauxSupreme Court of Louisiana · 1975
- Jones v. United StatesSupreme Court of the United States · 1999
27 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- State v. CliftonLouisiana Court of Appeal · 2018
- State v. EvansLouisiana Court of Appeal · 2009
- State v. DeclouetLouisiana Court of Appeal · 2010
- State v. NapoleonLouisiana Court of Appeal · 2013
- State v. FairmanLouisiana Court of Appeal · 2015
27 more not listed; retrieve them via the Exa API.