STATE v. BURNS

No. 97-KA-1553

723 So.2d 1013 (1998)

STATE of Louisiana v. Donlyn J. BURNS.

Court of Appeal of Louisiana, Fourth Circuit.

November 10, 1998.


Attorney(s) appearing for the Case

Harry F. Connick, District Attorney of Orleans Parish, Joseph E. Lucore, Assistant District Attorney of Orleans Parish, New Orleans, LA, for State.

Gregory K. Voigt, New Orleans, LA, for the Defendant-Appellant.

Court composed of Judge DENIS A. BARRY and Judge STEVEN R. PLOTKIN and Judge MOON LANDRIEU.


PLOTKIN, Judge.

This case raises the significant issue of whether a mandatory life sentence without benefits is constitutionally excessive when applied to a defendant who has four nonviolent and minor felonies. We hold that under these circumstances the trial judge is required to determine if there exist grounds for finding the sentence constitutionally excessive, thus requiring a deviation from the mandatory life sentence.

Defendant was charged by bill of...

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