Legal Opinion

State v. Phillips

Louisiana Court of Appeal

Decided March 9, 2010No. 09-KA-455PublishedCited by 4 opinions

1Opinion of the Court

JUDE G. GRAVOIS, Judge.

Defendant, Kenneth Phillips, appeals his conviction and sentence for aggravated incest. On appeal, defendant argues that the trial court erred in denying his motion for specific performance of an alleged plea bargain. He also argues that his sentence of 15 years at hard labor is constitutionally excessive. For the following reasons, we affirm defendant’s conviction, vacate his sentence in part, and remand with instructions.

PROCEDURAL HISTORY AND FACTS

The Jefferson Parish District Attorney’s Office filed a bill of information against defendant charging him with…

2Cases cited20 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. State v. OliveauxSupreme Court of Louisiana · 1975
  3. State v. WeilandLouisiana Court of Appeal · 1990
  4. State v. LynchSupreme Court of Louisiana · 1983
  5. Mathes v. SchwingLouisiana Court of Appeal · 1929

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3Cited by4 opinions

  1. State v. FerreraLouisiana Court of Appeal · 2016
  2. State v. DeeLouisiana Court of Appeal · 2012
  3. State v. ValloLouisiana Court of Appeal · 2014
  4. State v. HoldenLouisiana Court of Appeal · 2010

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