Legal Opinion

State v. Arceneaux

Louisiana Court of Appeal

Decided April 24, 2019No. 18-KA-642Published

1Opinion of the CourtJohnson, J.

In this second appeal, Defendant challenges his 55-year sentence as a third felony offender, which was imposed after a resentencing hearing conducted in accordance with State ex rel. Esteen v. State of Louisiana , 16-949 (La. 1/30/18); 239 So.3d 233, as excessive. After review, we find that his enhanced 55-year sentence is unconstitutionally excessive and, therefore, we vacate his enhanced sentence and remand the matter for resentencing.

PROCEDURAL HISTORY

Defendant was convicted by a jury in November 1998 of distribution of cocaine in violation of La. R.S. 40:967(A) and was sentenced to 20…

2Cases cited19 opinions

  1. Solem v. HelmSupreme Court of the United States · 1983
  2. State v. SepulvadoSupreme Court of Louisiana · 1979
  3. State v. JohnsonSupreme Court of Louisiana · 1998
  4. State v. PearsonLouisiana Court of Appeal · 2007
  5. State v. BaxleySupreme Court of Louisiana · 1995

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