887 So. 2d 670 - State v. Phillips’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Defendant did not receive a fine although one is mandated by the penalty provision of La.R.S. 40:967(F)(l)(a). That provision mandates a fine of not less than $50,000.00 nor more than $150,000.00. Thus, the Defendant received an illegally lenient sentence for the possession of twenty-eight grams but less than two hundred grams of cocaine. Both statutory law and jurisprudence allow an appellate court to recognize an illegally lenient sentence on its own. La.Code Crim.P. art. 882 and State v. Williams, 00-1725 (La.11/28/01), 800 So.2d 790 . This court has recognized the trial court’s failure to impose a mandatory fine as an error patent and has, in its previous cases, remanded the cases for resentencing. State v. August, 03-1478 (La.App. 3 Cir. 477/04), 870 So.2d 553 , State v. Figueroa, 03-1390 (La.App. 3 Cir. 3/31/04) , 869 So.2d 957 , and State v. Cedars, 02-861 (La.App. 3 Cir. 12/11/02) , 832 So.2d 1191 . Thus, the Defendant’s sentence for possession of twenty-eight to two hundred grams of cocaine is remanded for resentencing since the trial court has discretion as to the amount of the fine to be imposed. See State v. Gregrich, 99-178 (La.App. 3 Cir. 10/13/99) , 745 So.2d 694 .”

   1 later decision quote this exact passage
   e.g. State v. Davis