Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
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
Attorney(S)
Judges

STATE OF LOUISIANA v. EARL RACHAL.

PER CURIAM.

Defendant Earl Rachal was charged by bill of information with distribution of marijuana in violation of La.R.S. 40:967. On January 18, 1982 he entered a plea of guilty to the reduced charge of attempted distribution of marijuana, La.R.S. 14:27; 40:967, and the trial court ordered a presentence investigation. Thereafter, the court sentenced defendant to five (5) years' imprisonment at hard labor, the maximum penalty for the offense. Defendant has now appealed his conviction and sentence to this Court, urging that the penalty imposed by the trial court is excessive and that he was denied adequate opportunity to review the contents of the presentence report prior to sentencing. We find no merit in the latter contention. We agree with counsel, however, that the reasons articulated by the trial court at sentencing do not adequately support the imposition of a maximum penalty on this relatively young, first offender. Cf., State v. Jones, 398 So.2d 1049 (La. 1981). In particular, we find no basis in the record, or in the presentence report, for the judge's suggestion that defendant has engaged in broad criminal activities ranging across Texas and Louisiana.

Accordingly, defendant's conviction is affirmed but his sentence is vacated and the case remanded to the trial court for resentencing in accordance with law.

CONVICTION AFFIRMED; SENTENCE VACATED AND CASE REMANDED.

Use AI to get other relevant cases.

Comments

STATE v. RACHAL
(Mar 11, 1983)