State v. Bennett, 634 So. 2d 404

Denied.

CALOGERO, C.J., concurs. Under State v. Roger Smith, 1993 WL 527405 (La.1993), a trial judge is at liberty to impose a sentence in excess of the Sentencing Guidelines provided that he articulate aggravating circumstances warranting the upward deviation. In this case, the charge against the defendant was reduced to manslaughter from the more serious offense of second degree murder. Under the circumstances, the reduction in charge may be considered an omnibus aggravating factor which distinguishes this case from the typical manslaughter case. La.Admin.Code tit. 22 Sec. 209 B(19) (West 1993); Joseph, Boudreaux, Lindsay & Menezes, Louisiana Sentencing Guidelines Manual p. 11, n. 51 (1993 ed.). Moreover, the Court just today granted a rehearing in Smith.

DENNIS, J., not on panel.

Case Details

Case Name: State v. Bennett

Court Name: Supreme Court of Louisiana

Date Published: Mar 11, 1994

Citations: 634 So. 2d 404; 1994 WL 79512; 93-K-2128

Docket Number: 93-K-2128

Court Abbreviation: La.