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604 So. 2d 960

Docket No. 92-K-0951.

State v. Battieste

STATE of Louisiana v. Jamal BATTIESTE.

Supreme Court of Louisiana

Decided September 18, 1992.

Supreme Court of Louisiana · decided 1992-09-18

Cited by 7 later decisions — most recently March 2006

7 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1992-09-18

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¶1Granted. Defendant's sentences of 99 years at hard labor without benefit of parole, probation, or suspension of sentence for armed robbery, La.R.S. 14:64, and 40 years at hard labor without benefit of parole, probation, or suspension of sentence for first degree robbery, La.R.S. 14:64.1, are vacated and this case is remanded for resentencing. The record of sentencing does not demonstrate adequate compliance with La.C.Cr.P. art. 894.1, nor provide a factual basis for imposition of two maximum terms of imprisonment for the defendant, a first felony offender. Upon resentencing, the district court should comply with La.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. Defendant's application is otherwise denied.

¶2WATSON and COLE, JJ., dissent.

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