Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

STATE OF LOUISIANA v. GORDON CONRAD.

PER CURIAM.

The defendant sentence of 2 1/2 years at hard labor for intentionally communicating false information relative to a circumstance dangerous to human life in violation of La.R.S. 14:40.1 is apparently severe for a youthful first offender with a long history of schizophrenia. The record of sentencing does not demonstrate adequate compliance with La.C.Cr.P. art. 894.1 nor does it reflect that the trial court provided a factual basis for choice of punishment. The defendant's sentence is accordingly vacated and the case is remanded for resentencing.

On remand the district court should comply with Art. 894.1 as amended by Act 1991, No. 22, § 1, effective January 31, 1992, which requires consideration of the sentencing guidelines promulgated by the Louisiana Sentencing Commission in determining the appropriate punishment to be imposed. See, State v. Sabathe, 617 So.2d 1176 (La. 1993); State v. Blue, 591 So.2d 1173 (La. 1992).

In all other respects, the application is denied.

MARCUS, J., not on panel.

Use AI to get other relevant cases.

Comments

STATE v. CONRAD
(Jun 25, 1993)