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State v. Fobbs

Supreme Court of Louisiana
Sep 24, 1999
744 So. 2d 1274 (La. 1999)

Summary

finding that the principles espoused in Dorothy apply to substantive criminal statutes as well as sentences under the Habitual Offender Law

Summary of this case from State v. Green

Opinion

No. 99-KP-1024

September 24, 1999

IN RE: Fobbs, Edward; — Defendant(s); Applying for Supervisory and/or Remedial Writ; to the Court of Appeal, Fourth Circuit, Number 99KW-0073; Parish of Orleans Criminal District Court Div. "F" Number 396-527


Granted with order. See per curiam.

CDK

PFC

WFM

BJJ

JPV

JTK

LEMMON, J. not on panel.

TRAYLOR, J. dissents.


Granted. This case is remanded to the court of appeal for reconsideration on the merits of the trial court's determination that the mandatory minimum term without benefit of parole, probation, or suspension of sentence specified by La.R.S. 40:967 (B) (4) (b) for possession of cocaine with intent to distribute is excessive as applied to this particular offender. Our observation in State v. Dorthey, 623 So.2d 1276, 1280 (La. 1993), that "the review of sentencing, including sentencing under R.S. 15:529.1, is a long established function of the judicial branch," does not, nor did we intend it to, restrict the sentence review principles espoused in that decision solely to the mandatory minimum penalties provided by La.R.S. 15:529.1. See State v. Davis, 94-2332, pp. 11-12 (La.App. 1st Cir. 12/15/95), 666 So.2d 400, 407-08. As we explained in State v. Sepulvado, 367 So.2d 762, 766 (La. 1979), La. Const. Art. 1, § 20 provides "the basis for extending the court's control over the entire sentencing process." (emphasis added).

TRAYLOR, J. dissents.


Summaries of

State v. Fobbs

Supreme Court of Louisiana
Sep 24, 1999
744 So. 2d 1274 (La. 1999)

finding that the principles espoused in Dorothy apply to substantive criminal statutes as well as sentences under the Habitual Offender Law

Summary of this case from State v. Green

finding that the principles espoused in Dorthey apply to substantive criminal statutes as well as sentences under the Habitual Offender Law

Summary of this case from State v. Green

In State v. Fobbs, 99–1024 (La. 9/24/99), 744 So.2d 1274, 1275 the Louisiana Supreme Court held that the sentencing review under State v. Dorthey, 623 So.2d 1276, 1280 relative to downward departures from mandatory sentences in a habitual offender case is not limited to those sentences.

Summary of this case from State v. Smith

In State v. Fobbs, 99-1024 (La. 9/24/99), 744 So.2d 1274, 1275 the Louisiana Supreme Court held that the sentencing review under State v. Dorthey, 623 So.2d 1276, 1280 relative to downward departures from mandatory sentences in a habitual offender case is not limited to those sentences.

Summary of this case from State v. Berniard
Case details for

State v. Fobbs

Case Details

Full title:STATE OF LOUISIANA vs. EDWARD FOBBS

Court:Supreme Court of Louisiana

Date published: Sep 24, 1999

Citations

744 So. 2d 1274 (La. 1999)

Citing Cases

State v. Green

LSA–Const. art. 1, § 20.See,State v. Fobbs, 99-1024 (La. 9/24/99), 744 So.2d 1274.State v. Johnson , 97-1906,…

State v. Derouin

(Footnote omitted.) The supreme court further recognized in State v. Fobbs, 99-1024 (La. 9/24/99); 744 So.2d…