986 So. 2d 682 - State v. Baker’s Empirical Analysis

Citation profile

17 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although defense counsel objected to the sentences at the sentencing hearing, a review of the record shows that the defendant failed to file a written motion for reconsideration of sentence as required by La.Code Crim.P. art. 881.1. Thus, the defendant is precluded from raising the excessiveness of his sentences on appeal. State v. Hillman, 613 So.2d 1053 (La.App. 3 Cir.), writ denied, 617 So.2d 1181 (La.1993). Although the defendant’s sentencing claims are barred pursuant to La.Code Crim.P. art. 881.1, this court will review the defendant’s sentences for aggravated criminal damage to property “for bare excessiveness in the interest of justice.” State v. Davis, 06-922, p. 2 (La.App. 3 Cir. 12/29/06), 947 So.2d 201, 203 (citing State v. Graves, 01-156 (La.App. 3 Cir. 10/3/01) , 798 So.2d 1090 , writ denied, 02-29 (La.10/14/02), 827 So.2d 420 ). This court has also reviewed claims regarding the consecutive nature of sentences using a bare claim of excessiveness analysis. Id. The Eighth Amendment to the United States Constitution and La. Const. art. 1, § 20 prohibit the imposition of cruel or excessive punishment. “ ‘[T]he excessiveness of a sentence becomes a question of law reviewable under the appellate jurisdiction of this court.’ ” State v. Dorthey, 623 So.2d 1276, 1280 (La.1993) (quoting State v. Sepulvado, 367 So.2d 762, 764 (La.1979)). Nevertheless, the trial court is given wide discretion in imposing a sentence, and, absent a manifest abuse of that discretion, we will n”

   1 later decision quote this exact passage
   e.g. 7 So. 3d 802 - State v. Thomas