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State v. Brazzell

Supreme Court of Louisiana
Dec 20, 1985
479 So. 2d 914 (La. 1985)

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. Higginbotham

Opinion

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.


Summaries of

State v. Brazzell

Supreme Court of Louisiana
Dec 20, 1985
479 So. 2d 914 (La. 1985)

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. Higginbotham

In State v. Brazzell, 479 So.2d 914 (La. 1985), the Supreme Court granted the defendant's writ and set aside the defendant's sentence noting that the sentence was "apparently severe."

Summary of this case from State v. Harper
Case details for

State v. Brazzell

Case Details

Full title:STATE OF LOUISIANA v. TOMMY G. BRAZZELL

Court:Supreme Court of Louisiana

Date published: Dec 20, 1985

Citations

479 So. 2d 914 (La. 1985)

Citing Cases

State v. Higginbotham

This trial judge has previously demonstrated a reluctance or an inability to comply with Article 894.1, this…

State v. Harper

Smith was motivated by the Supreme Court reversal of our unpublished State v. Brazzell, 476 So.2d 1191…