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463 So. 2d 829

Docket No. 16626-KA.

State v. Rowlins

STATE of Louisiana, Appellee, v. Marshall L. ROWLINS, Appellant.

Louisiana Court of Appeal

Decided January 23, 1985.

Louisiana Court of Appeal · decided 1985-01-23

Cited by 4 later decisions — most recently February 1992

4 state decisions

Relies on State v. Ester

Good law ✅— No negative treatment on recordhow we know

Decided 1985-01-23

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¶1*830 Nesib Nader, Shreveport, for appellant.

¶2William J. Guste, Jr., Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty., Richard L. Carney, John A. Broadwell, Asst. Dist. Attys., Shreveport, for appellee.

¶3Before HALL, MARVIN and SEXTON, JJ.

¶4MARVIN, Judge.

¶5A sentence of five years at hard labor for a 1984 burglary is not constitutionally excessive for a 25-year-old defendant who had been convicted of a 1980 burglary and had received a probated five-year sentence at hard labor.

¶6The trial court erred, however, by making the 1984 sentence consecutive with "any other sentence," which presumably was the prior probated sentence. CCrP Art. 901C(2). That determination must be made in a revocation hearing by the court that imposed the 1980 sentence. State v. Ester,436 So.2d 543 (La.1983). Compare CCrP Arts. 900, 901, 833.

¶7The sentence is vacated and defendant is remanded to the trial court for resentencing.

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