State v. Bastian

[BYRNES, Judge,

dissenting with reasons.

I respectfully dissent. I would vacate the defendant’s multiple sentence which is below the minimum sentence mandated under La. R.S. 15.529.1.

In State v. Hyorth, 95-1181 (La.App. 4 Cir. 9/15/95), 661 So.2d 1059, this court found that the trial court clearly abused its discretion by sentencing the defendant below the minimum under La.R.S. 15:529.1. This court pointed out the acute severity of the crimes which involved the possibility of great bodily harm or death to the victims because the perpetrator had convictions for armed robberies. This court noted…