State v. Blue

STATE of Louisiana v. Thomas L. BLUE.

Supreme Court of Louisiana

Decided January 17, 1992.

Supreme Court of Louisiana · decided 1992-01-17

Key passage — most relied on by later courts

““A. When the defendant has been convicted of a felony, the court shall consider the sentencing guidelines promulgated by the Louisiana Sentencing Commission in determining the appropriate sentence to be imposed. However, no sentence shall be declared unlawful, inadequate, or excessive solely due to the failure of the court to impose a sentence in conformity with the sentencing guidelines of the commission.””

quoted by 1 later decision, including State v. Guillory

Good law ✅— No negative treatment on recordhow we know

Decided 1992-01-17

How this case has been cited

Cited by 17 later decisions — most recently May 2015

16 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1PER CURIAM.

¶2Granted in part; denied in part.

¶3Defendant's sentence of 12 years at hard labor for molestation of a juvenile over whom he had control or supervision in violation of LSA-R.S. 14:81.2 is vacated and this case is remanded for resentencing.

¶4The record of sentencing does not demonstrate adequate compliance with LSA-C.Cr.P. art. 894.1 nor provide a factual basis for imposition of a near maximum term of imprisonment for the defendant, a first offender convicted for a single incident of molestation.

¶5Upon resentencing, the district court should comply with LSA-C.Cr.P. art. 894.1 as amended by Act 22 of 1991, which requires consideration of the sentencing guidelines promulgated by the Louisiana Sentencing Commission in determining the appropriate sentence to be imposed.

¶6In all other respects, the application is denied.

¶7MARCUS and COLE, JJ., would deny the writ.