State v. Gaines

455 So. 2d 1179 | La. | 1984

Lead Opinion

In Re: Leroy Gaines, applying for Writ of Certiorari to the First Circuit Court of Appeal, Number KA-83-1426, 452 So.2d 239; 20th Judicial District Court, Parish of West Feliciana, Number W-83-5-686, Division B.

Granted as to sentence only. In the absence of further reasons, the sentence appears to be excessive. The sentence, is set aside and the case remanded for resentenc-ing after reconsideration.






Dissenting Opinion

WATSON, J.,

joins in the grant noting

particularly that the fine on top of the jail sentence for this first offender makes the total sentence appear excessive.