State v. Randleston

| iBYRNES, Judge,

Dissenting With Reasons.

I respectfully dissent.

The trial court did not make a proper finding to show that the imposition of the statutorily mandated sentence would be excessive.

In State v. Hyorth, 95-1181 (La.App. 4 Cir. 9/15/95), 661 So.2d 1059, this 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 that when the…