Legal Opinion · Dissent

State v. Lewis

Louisiana Court of Appeal

Decided May 26, 2009No. 08-KA-1317Published

1DissentRothschild, J.

| lAlthough I agree with the majority opinion affirming the conviction in this case, I disagree with the decision insofar as it vacates the sentence imposed in this case and remands for resentencing.

As stated by our Supreme Court, “[o]n sentence review, the only pertinent query is whether the trial court abused it broad sentencing discretion, not whether another sentence might have been more appropriate.” State v. McBride, 01-588 (La.2/8/02), 807 So.2d 836. In the present case, the trial judge gave extensive reasons for sentencing, stating that he had thoroughly considered the criteria under…

2Cases cited1 opinion

  1. State v. McBrideSupreme Court of Louisiana · 2002

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