STATE v. HOSTON

No. 25,092-KA.

622 So.2d 1223 (1993)

STATE of Louisiana, Appellee, v. Deidre Evon HOSTON, Appellant.

Court of Appeal of Louisiana, Second Circuit.

August 18, 1993.


Attorney(s) appearing for the Case

Hunter, Scott, Blue, Johnson & Ross by Louis G. Scott, Monroe, for appellant.

Richard Ieyoub, Atty. Gen., Baton Rouge, Jerry L. Jones, Dist. Atty., Charles L. Cook, Asst. Dist. Atty., Monroe, for appellee.

Before MARVIN, C.J., and SEXTON and STEWART, JJ.


MARVIN, Chief Judge.

On the belief that FSG Grid Cell 5-F was applicable, and that this Grid Cell recommended an incarceration range of only 6-9 months for the negligent homicide of a 14-month-old child who was left unattended in a bathtub, the trial court departed upward and sentenced the 20-year-old mother to the maximum statutory term of five years at hard labor. LRS 14:12,32.

On the mother's appeal, we vacate that sentence and remand to allow the trial...

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