State v. Callahan

State v. Callahan, 671 So. 2d 903 (La. 1996)

Court: Supreme Court of Louisiana · State Highest Courts
Decided: March 29, 1996
Docket: No. 95-K-1331
Judges: Per Curiam
Citations: 671 So. 2d 9031996 WL 148685

Cited by 32

Opinion — Per Curiam

671 So.2d 903 (1996)

STATE of Louisiana

William Matthew CALLAHAN.

No. 95-K-1331.

Supreme Court of Louisiana.

March 29, 1996.

PER CURIAM.

The application is granted in part.

Relator was convicted of attempted possession of marijuana with intent to distribute and was sentenced to two and one-half years imprisonment, which the trial court noted was the statutory minimum sentence for that crime.

The sentencing range for a conviction of possession of marijuana with intent to distribute is five to thirty years. When the conviction is for attempt, La.Rev.Stat. 14:27D(3) provides:

D. Whoever attempts to commit any crime shall be punished as follows:

. . . . .

(3) In all other cases he shall be fined or imprisoned or both, in the same manner as for the offense attempted; such fine or imprisonment shall not exceed one-half of the largest fine, or one-half of the longest term of imprisonment prescribed for the offense so attempted, or both. (emphasis added).

La.Rev.Stat. 14:27D(3) by its terms provides only a maximum sentence for a conviction of attempting to commit a crime. There is no express statutory minimum sentence for being convicted of an attempt, and principles of lenity require that the statute be strictly construed. State v. Jaye, 383 So.2d 1261 (La.1980); State v. Broussard, 217 La. 90 , 46 So.2d 48 (1950).

Accordingly, relator's sentence is vacated, and this case is remanded to the district court for resentencing. In all other respects, the application is denied. *904 MARCUS, J., dissents and assigns reasons.

La.R.S. 14:27 D(3) provides that "[i]n all cases he shall be ... imprisoned ... in the same manner as for the offense attempted." [Emphasis added.] In my opinion, "in the same manner" refers to the minimum sentence requirement for the offense attempted. The second sentence provides that imprisonment shall not exceed one-half of the longest term of imprisonment for the offense attempted. This refers to the maximum sentence for the offense attempted. Accordingly, I respectfully dissent.

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Cited by 32 cases

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State Appellate Courts32

Relies on it most ⓘ

State v. Odle834 So. 2d 483 (La. Ct. App. 2002)
State v. Howard855 So. 2d 881 (La. Ct. App. 2003)
State v. Spencer167 So. 3d 847 (La. Ct. App. 2015)
State v. Moore696 So. 2d 657 (La. Ct. App. 1997)
State v. Thomas686 So. 2d 145 (La. Ct. App. 1996)
State v. Dorsey718 So. 2d 466 (La. Ct. App. 1998)

Most recent

State of Louisiana v. Desmond YoungNo. KA-0022-0584 (La. Ct. App. Feb. 8, 2023)
State of Louisiana v. Akeeley Keshawn BladeNo. KA-0020-0172 (La. Ct. App. Apr. 28, 2021)
State v. Fleming219 So. 3d 499 (La. Ct. App. 2017)
State v. Spencer167 So. 3d 847 (La. Ct. App. 2015)
State v. Cox85 So. 3d 252 (La. Ct. App. 2012)
State v. Sampognaro39 So. 3d 632 (La. Ct. App. 2010)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	State v. Broussard, 46 So. 2d 48 (La. 1950)	20
	State v. Jaye, 383 So. 2d 1261 (La. 1980)	8

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