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622 So. 2d 858

State v. Hardy

Louisiana Court of Appeal

Decided August 3, 1993

Louisiana Court of Appeal · decided 1993-08-03

Cited by 3 later decisions — most recently October 1995

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1993-08-03

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LANDRIEU, Judge,

¶1concurring in part and dissenting in part.

¶2I concur in part and respectfully dissent in part.

¶3I join with the majority in affirming defendant’s conviction. However, I would vacate the sentence and remand the matter to the trial court for re-sentencing.

¶4The sentence of six years imposed by the trial court is twice the maximum sentence recommended by the sentencing guidelines and represents a gross deviation not supported by the record.

¶5*864The only fact in the record that could support such a deviation is defendant’s possession of a dangerous weapon. That, of course, is the very offense of which he was convicted and has been taken into consideration by the sentencing guidelines in establishing the recommended sentence.

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