Summary
In State v. Brazzell, 479 So.2d 914 (La. 1985), the Supreme Court vacated a three year hard labor sentence for distribution of marijuana imposed by Judge Traylor, characterized it as "apparently severe", and remanded the case to the trial court for resentencing in compliance with Article 894.1. On remand, the trial court imposed the same sentence. The defendant again appealed his sentence as being excessive and in violation of the statutory guidelines.
Summary of this case from State v. HigginbothamOpinion
No. 85-K-2013.
December 20, 1985.
In re Brazzell, Tommy G.; applying for supervisory writs; to the Court of Appeal, Second Circuit, No. 17319-KA; Parish of Franklin, 5th Judicial District Court, Div. "C", No. 22909.
Granted. Sentence, apparently severe, is set aside. Remanded to the district court in compliance with La.C.Cr.P. Art. 894.1.
DENNIS and WATSON, JJ., dissent.