Legal Opinion
State v. Travis
Louisiana Court of Appeal
Decided February 13, 2019No. 2018-KA-0645Published
1Opinion of the Court
Judge Dale N. Atkins
In this criminal matter, the State of Louisiana appeals the district court's judgment declaring the sentencing statute in effect at the time of the alleged crime, La. R.S. 40:966(F)(1), unconstitutional as applied to defendant Gary Travis. For the reasons that follow, we reverse the judgment, vacate defendant's sentence, and remand for re-sentencing.
BACKGROUND
Gary Travis was charged in April 2016 with one count of possession with intent to distribute marijuana, a violation of La. R.S. 40:966(A)(1).1 He pled not guilty at his arraignment, and after several continuances, the…
2Cases cited14 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- State v. DortheySupreme Court of Louisiana · 1993
- Bearden v. GeorgiaSupreme Court of the United States · 1983
- Davis v. Federal Election CommissionSupreme Court of the United States · 2008
- Vallo v. Gayle Oil Co., Inc.Supreme Court of Louisiana · 1994
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