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626 So. 2d 404

State v. Charles

Louisiana Court of Appeal

Decided October 14, 1993

Louisiana Court of Appeal · decided 1993-10-14

Cited by 4 later decisions — most recently October 2013

4 state decisions

Relies on 610 So. 2d 152 - State v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1993-10-14

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BARRY, Judge,

¶1concurring.

¶2There are aggravating circumstances (See. 309B of the Guidelines) which justify imposition of a more severe sentence.

¶3Also, the trial court complied with C.Cr.P. art. 894.1.

¶4State v. Smith, 610 So.2d 152 (La.App. 4th Cir.1992), a 2-1 opinion of this Court, is under review by the Supreme Court. Smithheld that the trial judge did not comply with the Guidelines and the panel reduced the defendant’s 15 year sentence to 10 years. Smithstands for the proposition that this Court can impose a sentence if the Guidelines are not followed. Smithshould have been remanded for reconsideration by the trial judge.

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