Legal Opinion

State v. Hernandez

Louisiana Court of Appeal

Decided October 15, 2003No. 03-KA-424PublishedCited by 4 opinions

1Opinion of the Court

| JAMES L. CANNELLA, Judge.

For the third time in this case, the State has appealed, arguing again that the trial court erred in deviating from the statutorily mandated minimum sentence of 10 years imprisonment at hard labor.1 For the reasons which follow, we vacate the sentence and remand with instructions.

On October 12, 2000, the Defendant pled guilty to armed robbery, a violation of La. R.S. 14:64, pursuant to a plea agreement that he would be sentenced to five years in prison at hard labor without benefit of parole, probation or suspension of sentence. The trial court ordered that…

2Cases cited8 opinions

  1. State v. OliveauxSupreme Court of Louisiana · 1975
  2. State v. DortheySupreme Court of Louisiana · 1993
  3. State v. WeilandLouisiana Court of Appeal · 1990
  4. State v. JohnsonSupreme Court of Louisiana · 1998
  5. State v. TempleLouisiana Court of Appeal · 2001

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. ShawLouisiana Court of Appeal · 2013
  2. State v. RossLouisiana Court of Appeal · 2014
  3. State of Louisiana Versus John B. Gustave, Jr.Louisiana Court of Appeal · 2022
  4. State v. DoLouisiana Court of Appeal · 2016

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