State v. Caldwell

State v. Caldwell, 620 So. 2d 859 (La. 1993)

Court: Supreme Court of Louisiana · State Highest Courts
Decided: July 1, 1993
Docket: No. 93-K-0891
Citations: 620 So. 2d 8591993 WL 241241

Cited by 28

Opinion

620 So.2d 859 (1993)

STATE of Louisiana

General CALDWELL.

No. 93-K-0891.

Supreme Court of Louisiana.

July 1, 1993.

Granted in part; denied in part. This case is remanded to the court of appeal for review on the merits of the defendant's sentencing claims. In all other respects, the application is denied. The record of sentencing shows that counsel objected generally to the penalties imposed by the trial court and specifically to the excessiveness of the sentences, including their consecutive nature, to the court's departure from the recommended range provided by the new Sentencing Guidelines, and to particular factual allegations regarding the defendant's background. These remarks constituted an oral motion to reconsider made "at the time of sentencing," alerting the court to specific problems that counsel found with the sentences at a time when the court could take corrective action, and obviating the need for a written motion filed after sentencing. State v. Singleton, 614 So.2d 1242 (La.1993); La.C.Cr.P. art. 881.1. Counsel's objection on excessiveness grounds alone preserved that issue for appellate review. State v. Mims, 619 So.2d 1059 (La.1993).

ORTIQUE, J., not on panel.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 28 cases

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State Appellate Courts28

Relies on it most ⓘ

State v. Davis633 So. 2d 822 (La. Ct. App. 1994)
State v. Green647 So. 2d 536 (La. Ct. App. 1994)
State v. Barling779 So. 2d 1035 (La. Ct. App. 2001)
State v. Major708 So. 2d 813 (La. Ct. App. 1998)
State v. Theriot893 So. 2d 1016 (La. Ct. App. 2005)
State v. Kelly639 So. 2d 888 (La. Ct. App. 1994)

Most recent

State of Louisiana v. Jaleel J. TousantNo. KA-0024-0175 (La. Ct. App. Feb. 26, 2025)
State of Louisiana v. Markus O. AndrewsNo. KA-0024-0295 (La. Ct. App. Dec. 11, 2024)
State Of Louisiana v. Frederick C. MangrumNo. 2023KA0431 (La. Ct. App. Nov. 3, 2023)
State of Louisiana v. Freeman Eric TuckerNo. KA-0022-0735 (La. Ct. App. May 31, 2023)
State of Louisiana v. Joshua BabineauxNo. KA-0019-0390 (La. Ct. App. Dec. 18, 2019)
State v. Cohen272 So. 3d 12 (La. Ct. App. 2019)

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 3

Depth	Case	Cited by
	State v. Mims, 619 So. 2d 1059 (La. 1993)	587
	State v. Singleton, 614 So. 2d 1242 (La. 1993)	19
	State ex rel. Jones v. 24th Judicial Dist. Court, Parish of Jefferson, 620 So. 2d 859 (La. 1993)	1

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