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94 So. 3d 916

94 So.3d 916

12 La.App.3Cir. 228

State v. Herbert

Louisiana Court of Appeal

Decided June 13, 2012

Louisiana Court of Appeal · decided 2012-06-13

Cited by 5 later decisions — most recently March 2019

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2012-06-13

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THIBODEAUX, Chief Judge,

¶1dissenting.

¶2_JjThe defendant’s only past record is a nonviolent misdemeanor offense. The jurisprudence is clear. Maximum sentences are reserved for the most egregious offenses and the worst type of offender. In imposing a forty-year sentence for a first time felony offender, the tridl court abused its sentencing discretion. While I do not wish to minimize the severity of this offense, I find that the maximum sentence in this case makes no meaningful contribution to acceptable penal goals and only results in enhancing Louisiana’s position as the incarceration capital of the world.

¶3For the foregoing reasons, I respectfully dissent.

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