State v. Soraparu, 703 So. 2d 608 (La. 1997). · Go Syfert
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State v. Soraparu, 703 So. 2d 608 (La. 1997). Cases Citing This Book View Copy Cite
135 citation events (115 in the last 25 years) across 2 distinct courts.
Strongest positive: State of Louisiana v. Brandon R. Laurant (lactapp, 2019-07-31)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 12 distinct citers. How cited ↗
examined Cited as authority (rule) State of Louisiana v. Brandon R. Laurant (3×) also: Cited "see"
La. Ct. App. · 2019 · confidence medium
See State v. Soraparu, 97-1027, p. 1 (La. 10/13/97), 703 So.2d 608 , 608 (per curiam). “[A] remand for resentencing is appropriate only when there appears to be a substantial possibility that the defendant’s complaints of an excessive sentence have merit.” Id., 97-1027 at p. 1; 703 So.2d at 608. (internal quotations and punctuation omitted).
examined Cited as authority (rule) State of Louisiana v. Brandon R. Laurant (3×) also: Cited "see"
La. Ct. App. · 2019 · confidence medium
See State v. Soraparu, 97-1027, p. 1 (La. 10/13/97), 703 So.2d 608 , 608 (per curiam). “[A] remand for resentencing is appropriate only when there appears to be a substantial possibility that the defendant’s complaints of an excessive sentence have merit.” Id., 97-1027 at p. 1; 703 So.2d at 608. (internal quotations and punctuation omitted).
discussed Cited as authority (rule) State v. Hyman
La. Ct. App. · 2010 · confidence medium
On appellate review of a sentence, the only relevant question is “ ‘whether the trial court abused its broad sentencing discretion, not whether another sentence might have been more appropriate.’ ” State v. Soraparu, 97-1027 (La.10/13/97), 703 So.2d 608, 608 (per curiam) (citations omitted).
discussed Cited as authority (rule) State v. Lewis (2×)
La. Ct. App. · 2009 · confidence medium
On appellate review of sentence, the only relevant question is “‘whether the trial court abused its broad sentencing discretion, not whether another sentence might have been more appropriate.’ ” State v. Soraparu, 97-1027 (La.10/13/97), 703 So.2d 608, 608 (Internal quotations in original, citations omitted).
discussed Cited "see" State Of Louisiana v. Brandt Anthony Bennett
La. Ct. App. · 2024 · signal: see · confidence high
See State v. Soraparu, 97- 1027 ( La. 10/ 13/ 97), 703 So. 2d 608 ( per curiam) ( finding maximum sentence of forty years for manslaughter imposed on twenty- one- year- old' defendant appropriate where facts justified a verdict of second- degree murder); State v. Lambert, 2009- 1223 ( La.
discussed Cited "see" State v. Dove (2×)
La. Ct. App. · 2016 · signal: see · confidence high
See State v. Soraparu, 97-1027, p. 1 (La.10/13/97), 703 So.2d 608, 608 (per curiam). “[A] remand for resentencing is appropriate only when there appears to be a substantial possibility that the defendant’s complaints of an excessive sentence have merit.” Id., 97-1027 at p. 1; 703 So.2d at 608 . (internal quotations and punctuation omitted).
discussed Cited "see" State v. Norah (2×)
La. Ct. App. · 2013 · signal: see · confidence high
See State v. Soraparu, 97-1027, p. 1 (La.10/13/97), 703 So.2d 608, 608 (per curiam). “[A] remand for resen-tencing is appropriate only when |39there appears to be a substantial possibility that the defendant’s complaints of an excessive sentence have merit.” Id., 97-1027 at p. 1; 703 So.2d at 608 . (internal quotations and punctuation omitted).
cited Cited "see" State v. Hamdalla
La. Ct. App. · 2013 · signal: see · confidence high
See State v. Soraparu, 97-1027 (La.10/13/97), 703 So.2d 608, 608 .
cited Cited "see" State v. McBride
La. · 2002 · signal: see · confidence high
See State v. Soraparu, 97-1027 (La.10/13/97), 703 So.2d 608 .
cited Cited "see" State v. Black
La. Ct. App. · 2000 · signal: see · confidence high
See State v. Soraparu, 97-1027 (La.10/13/97), 703 So.2d 608 .
cited Cited "see, e.g." State v. Taves
La. · 2003 · signal: see also · confidence low
State v. Cook, 95-2784, p. 3 (La.5/31/96), 674 So.2d 957, 959 ; see also State v. Soraparu, 97-1027 (La.10/13/97), 703 So.2d 608 .
discussed Cited "see, e.g." State v. Williams
La. Ct. App. · 2001 · signal: see also · confidence low
See also State v. Soraparu, 97-1027 (La.10/13/97), 703 So.2d 608 , in which the Louisiana Supreme Court reimposed the trial court’s forty-year manslaughter sentence on a youthful defendant, holding that the sentencing court’s finding that the offense was a “cold and deliberate act” which would have justified a verdict of second degree murder adequately supported the sentence imposed.
Retrieving the full opinion text from the archive…
STATE of Louisiana
v.
George SORAPARU.
97-K-1027.
Supreme Court of Louisiana.
Oct 13, 1997.
703 So. 2d 608
Per Curiam.
Cited by 93 opinions  |  Published

PER CURIAM[*].

Granted in part. The decision of the Fourth Circuit is reversed insofar as it vacates the defendant's sentence and remands for resentencing before a different judge, and the sentence imposed by the trial court is reinstated. On appellate review of sentence, the only relevant question is "`whether the trial court abused its broad sentencing discretion, not whether another sentence might have been more appropriate.'" State v. Cook, 95-2784, p. 3 (La. 5/31/96), 674 So.2d 957, 959 (quoting State v. Humphrey, 445 So.2d 1155, 1165 (La.1984)), cert. denied, ___ U.S. ___, 117 S.Ct. 615, 136 L.Ed.2d 539 (1996). For legal sentences imposed within the range provided by the legislature, a trial court abuses its discretion only when it contravenes the prohibition of excessive punishment in La. Const. art. I, § 20, i.e., when it imposes "punishment disproportionate to the offense." State v. Sepulvado, 367 So.2d 762, 767 (La.1979). In cases in which the trial court has left a less than fully articulated record indicating that it has considered not only aggravating circumstances but also factors militating for a less severe sentence, State v. Franks, 373 So.2d 1307, 1308 (La.1979), a remand for resentencing is appropriate only when "there appear[s] to be a substantial possibility that the defendant's complaints of an excessive sentence ha[ve] merit." State v. Wimberly, 414 So.2d 666, 672 (La.1982). The trial court's finding in this case that the defendant committed a "cold and deliberate act" which would have fully justified the return of a verdict of second degree murder adequately supports the sentence imposed.

CALOGERO, C.J. and LEMMON, J., would grant and docket.

JOHNSON, J., would deny the writ.

[*] KNOLL, J., not on panel. See Rule IV, Part 2, § 3.