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SUPREME COURT OF LOUISIANA
No. 96-K-3041 STATE OF LOUISIANA Versus DONALD JOHNSON

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, PARISH OF ORLEANS

VICTORY, Justice* We granted writs of certiorari in this case1 to determine whether an appellate court may rule upon the excessiveness of a defendant's sentence when the defendant does not argue excessiveness as an assignment of error. For the reasons expressed below, we hold that the court of appeal erred in addressing sua sponte the issue of whether Donald Johnson's sentence is constitutionally excessive. FACTS AND PROCEDURAL HISTORY Around 11:00 a.m. on May 8, 1994, a man, later identified as Donald Johnson, entered the Family Dollar Store in Gentilly. Thomas Hurst, the manager of the store, noticed Johnson loitering in the shoe department. Hurst watched Johnson lace a pair of shoes which he had removed from a shoe display in the store. He then watched Johnson lace a second pair of shoes. At this time Hurst was called to the front of the store. Soon after Hurst went to the front of the store he noticed Johnson attempt to leave the store wearing a pair of the shoes which Hurst saw Johnson lacing. Hurst
*

Calogero, C.J., not on panel. Rule IV, Part 2,

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