Public-domain · open source
OpenJurist

620 So. 2d 296

State v. Gibbs

Louisiana Court of Appeal

Decided March 8, 1993

Louisiana Court of Appeal · decided 1993-03-08

Cited by 5 later decisions (1 by the Supreme Court) — most recently January 2016

3 state decisions

Relies on 475 So. 2d 336 - State v. Counterman

Good law ✅— No negative treatment on recordhow we know

Decided 1993-03-08

View the full empirical analysis of this case →

¶1ORDER

¶2WRIT DENIED: The trial court did not err in concluding that relator’s application did not state one of the exclusive grounds for granting post-conviction relief contained in La.C.Cr.P. art. 930.3. The legislature has set forth limited grounds for granting post-conviction relief. Review of a sentence for excessiveness is not provided for by La. C.Cr.P. art. 930.3. Although an excessive sentence may be a violation of the Eighth Amendment of the Constitution of the United States, subsection (1) of art. 930.3 specifically limits review to those instances where “the conviction was obtained in violation of the constitution ...”.

¶3The legislature has provided a means for review of sentences, whether excessive or *297illegal, by appeal. See La.C.Cr.P. art. 881.1 through 882 and art. 912. Relator may seek an out-of-time appeal of his sentence. State v. Counterman, 475 So.2d 336 (La.1985).

¶4Accordingly, we deny relator’s application.

/620/so2d/296 · .json · Public domain