Summary
finding the district court failed to comply with La.C.Cr.P. art. 894.1(C) when considering a request for downward departure and remanding the case for resentencing
Summary of this case from State v. EllisOpinion
No. 2015–K–0977.
06-05-2015
STATE of Louisiana v. Tyrone HALL.
Opinion
Denied.
CLARK, J., would grant the writ.
CRICHTON, J., additionally concurs and assigns reasons.
CRICHTON, J., additionally concurs and assigns reasons.
I agree with the decision to deny this writ application.I write separately to note that, in my view, where a defendant has filed a motion for downward departure from a mandatory minimum statutory term, the trial judge should assign reasons in compliance with Louisiana Code of Criminal Procedure article 894.1(c). La.C.Cr.P. art. 894.1(c) (“The court shall state for the record the considerations taken into account and the factual basis therefor in imposing sentence.”).