Preview:

See News Release #41

SUPREME COURT OF LOUISIANA
No. 99-KP-2898

STATE OF LOUISIANA Versus ROBERT ALLEN PER CURIAM* The application is granted. Defendant was charged with and convicted by guilty plea of manslaughter. The trial judge sentenced him to thirty years imprisonment, but failed to comply with La. Code Crim. Proc. art. 890.1A, which as adopted in 1997 provides: When the court imposes a sentence, the court shall designate whether the crime involved is a crime of violence or an attempted crime of violence as defined or enumerated in R.S. 14:2(13). (emphasis added). Although manslaughter was a crime of violence enumerated in La. Rev. Stat. 14:2(13), the prosecutor did not object at time of sentencing to the trial judge's omission. Several months later, the prosecutor filed a pleading in district court entitled "Motion to Correct Minute Entry," requesting that the minute entry be corrected to reflect that the crime is an enumerated crime of violence. The trial judge denied the motion, stating that "the legislature has determined what offenses are classified as crimes of violence" and that he had "no discretion in determining what is or is not a crime of violence." The court of appeal thereafter denied, without assigning reasons, the prosecutor's application for supervisory review. 99-2208 (La.App. 4th Cir. 9/22/99). La. Code Crim. Proc. art. 890.1(A) mandates a designation by the sentencing
*

Marcus, J.,not on panel.

Rule IV, Part 2,

Download 99-KP-2898; State v Allen.pdf

Louisiana Law