State v. Husband
| Decision Date | 31 January 1992 |
| Docket Number | No. 91-KK-2891,91-KK-2891 |
| Parties | STATE of Louisiana v. Robin L. HUSBAND. 593 So.2d 1257 |
| Court | Louisiana Supreme Court |
Relator was convicted of armed robbery in 1975 and was sentenced to fifty years, but the sentencing judge did not expressly state that the sentence was without benefit of parole. The sentencing judge no longer presides in that division of court.
In 1991 relator filed a motion to correct the illegally lenient sentence. Without ordering the district attorney to respond to the motion or scheduling an evidentiary hearing, the successor judge announced that since the record contained no indication of the sentencing judge's intent, she would make an independent finding and correct the sentence on her own. However, the successor judge delayed resentencing in order to allow the prosecutor time to seek review of her ruling.
In State v. Desdunes, 579 So.2d 452 (La.1991), this court set out the proper considerations which a judge must evaluate in considering a motion to correct an illegally lenient sentence as follows:
[T]he record should reflect consideration by the resentencing judge of the intent of the judge who imposed the original sentence, whether it be the same judge or another judge. If the intent of the judge who imposed the original sentence was that the term of years be served without benefit of parole, resentencing to the same term of years without benefit of parole is appropriate. If the intent of the judge who imposed the original sentence was to allow parole eligibility, then the resentencing judge may impose a sentence of a lesser term of years without benefit of parole to reflect that intent. If the intent of the judge who imposed the original sentence cannot be determined, then the resentencing judge should make an independent determination of an appropriate sentence, not to exceed the term of years originally imposed, to be served without benefit of parole.
Thus, the Desdunes decision required the resentencing judge to attempt to ascertain the intent of the judge who imposed the original sentence, and both the prosecutor and the defendant should be allowed an opportunity to present evidence and argument regarding the intent of the original sentencing judge, including circumstantial evidence of sentences imposed during that time frame by the sentencing judge in cases involving similar crimes committed by defendants with similar criminal histories. However,...
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Davis v. Cain, Civ.A. 98-1272.
... ... No. Civ.A. 98-1272 ... United States District Court, E.D. Louisiana ... March 3, 1999 ... Joseph Davis, Louisiana State Penitentiary, Angola, LA, pro se ... Charles Edwin F. Heuer, District Attorney's Office, New Orleans, LA, for Burl Cain, for ... art 894.1 and the intent of the original sentencing judge according to the Louisiana Supreme Court in State v. Husband, 593 So.2d 1257 (La.1992). However, federal courts generally decline to review a state court's interpretation of its own law in a federal habeas ... ...
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State v. Williams, 2000-K-1725.
... ... 64, 55 So.2d 782, 784 (1951) ... Accordingly, we routinely required a remand for re-sentencing with full procedural safeguards including the presence of the defendant, and each side able to introduce evidence in order to ascertain the intent of the original sentencing judge. See State v. Husband, 593 So.2d 1257 (La. 1992) ; State v. Desdunes, 579 So.2d 452 (La. 1991) ... However, in Stale v. Harris, 93-1098 (La.1/5/96), 665 So.2d 1164, we streamlined the process, eliminating the need for a hearing and the ... ...
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92-1491 La.App. 4 Cir. 4/14/94, State v. Carr
... ... The sentences imposed on Carr are likewise affirmed. The sentences imposed on Celius are vacated because the record does not demonstrate that his original sentences were amended pursuant to evaluations required by the Louisiana Supreme Court in State v. Husband, 593 So.2d 1257 (La.1992), rehearing denied 594 So.2d 1305 (La.1992) and State v. Desdunes, 579 So.2d 452 (La.1991) ... STATEMENT OF THE FACTS ... On April 27, 1987 at approximately 6:40 p.m., two men, later identified as Carr and Celius, walked toward Connie Corll, Barry Howell ... ...
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96-265 La.App. 5 Cir. 10/1/96, State v. Taylor
... ... (Emphasis added) ... In State v. Husband, 593 So.2d 1257, 1258, (La.1992), rehearing denied, 594 So.2d 1305 (La.1992), overruled in part, State v. Harris, 93-1098 (La. 1/5/96), 665 So.2d 1164, the Louisiana Supreme Court explained the Desdunes opinion as follows: ... Thus, the Desdunes decision required the resentencing ... ...