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663 So. 2d 392

Docket No. Cr 95-316.

State v. Willis

STATE of Louisiana v. Antonio Fernandez WILLIS.

Louisiana Court of Appeal

Decided October 4, 1995.

Louisiana Court of Appeal · decided 1995-10-04

Key passage — most relied on by later courts

“Louisiana Code of Criminal Procedure Article 893 allows a trial judge to suspend imposition or execution of a sentence after a first or second conviction for a noncapital felony, but defendant must be placed on probation. The record shows Willis was not placed on probation as required by Louisiana Code of Criminal Procedure Article 893. The mandatory probation requirement of this provision compels that we must vacate Willis' sentence and remand the case for resentencing pursuant to Louisiana Code of Criminal Procedure Article 893.”

quoted by 2 later decisions, including State v. Ramirez, 822 So. 2d 647 - State v. Helou

Relies on 597 So. 2d 1230 - State v. Fann

Good law ✅— No negative treatment on recordhow we know

Decided 1995-10-04

How this case has been cited

Cited by 6 later decisions — most recently June 2011

6 state decisions

40199520002010decided

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.

View the full empirical analysis of this case →

¶1Richard Phillip Ieyoub, Baton Rouge, Morgan J. Goudeau III, Opelousas, Donald J. Richard, Asst. Dist. Atty., for State.

¶2Herschel Glenn Marcantel Jr., Mamou, for Antonio Fernandez Willis.

¶3Before COOKS, WOODARD and AMY, JJ.

¶4COOKS, Judge.

¶5Defendant, Antonio Willis, was charged by bill of information with possession with intent to distribute a controlled dangerous substance (schedule II—cocaine) in violation of La.R.S. 40:967(A)(1). Willis was found guilty as charged by a jury. He was sentenced to serve five years at hard labor, six months of which was suspended. On appeal, Willis contends his sentence is excessive. However, we note an error patent in the sentencing.

¶6Louisiana Code of Criminal Procedure Article 893 allows a trial judge to suspend imposition or execution of a sentence after a first or second conviction for a noncapital felony, but defendant must be placed on probation. The record shows Willis was not placed on probation as required by Louisiana Code of Criminal Procedure Article 893. The mandatory probation requirement of this provision compels that we must vacate Willis' sentence and remand the case for resentencing pursuant to Louisiana Code of Criminal Procedure Article 893. See State v. Fann,597 So.2d 1230 (La.App. 3 Cir.1992).

¶7SENTENCE VACATED AND CASE REMANDED.

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