Legal Opinion · Dissent

State v. Danos

Louisiana Court of Appeal

Decided July 22, 2009No. 2008 KA 2085Published

1DissentGuidry, J.

| Relying on the per curiam opinion, State v. Walder, 07-0198 (La.10/5/07), 965 So.2d 865, the majority grants the State what only could be described as a second bite at the apple by virtue of remanding this matter to the trial court to allow the State to present evidence to support the defendant being additionally sentenced under La. C. Cr. P. art. 883.2 While it is observed that in State v. Sandifer, 359 So.2d 990 (La.1978), the Louisiana Supreme Court vacated the order of restitution and remanded the matter to the trial court to conduct an evidentiary hearing on the proper amount of…

2Cases cited2 opinions

  1. State v. SandiferSupreme Court of Louisiana · 1978
  2. State v. WalderSupreme Court of Louisiana · 2007

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API