408 So. 2d 1108 - State v. Cupit’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In sentencing the defendant to three years in the penitentiary, the trial judge merely recited the sentencing guidelines contained in paragraph (A) of La.C.Cr.P. Art. 894.1, finding “undue risk that during a period of suspended sentence or probation, that the defendant would commit another crime; [that] the defendant is in need of correctional treatment and a custodial environment; and [that] a lesser sentence would deprecate the seriousness of this offense.” We have repeatedly held that such a broad statement of the criteria justifying a sentence of imprisonment “... does not satisfy the requirement that the trial court state for the record the considerations taken into account and the factual basis therefore in imposing sentence.” State v. Franks, 373 So.2d 1307, 1308 (La.1979); see also, State v. Touchet, 372 So.2d 1184 (La.1979); State v. Jackson, 360 So.2d 842 (La.1978). While the trial judge need not articulate every aggravating and mitigating circumstance enumerated under Article 894.1, the record must reflect that it adequately considered these guidelines in particularizing the sentence to the accused. State v. Gulden, 399 So.2d 194 (La.1981). Such iactual justification is especially crucial where, as here, the accused’s guilty plea leaves no other evidence of record which clearly illumines the trial court’s sentencing choice. State v. Spruell, 403 So.2d 63 (La.1981). [Emphasis added.]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Boyette