State Of Louisiana v. Anthony J. Lacassin ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 Kw 0536
VERSUS
JAN 15 2020
ANTHONY J. LACASSIN
In Re: Anthony J. Lacassin, applying for supervisory writs,
21st Judicial District Court, Parish of Livingston,
No. 07 - FELLA - 022477.
BEFORE: WHIPPLE, C. J., GUIDRY AND McDONALD, JJ.
WRIT DENIED.
JMM
Whipple, C. J., concurs and would deny the writ on the
showing made.
Guidry, J., dissents. The indictment indicated the dates
of the offense were between January 1, 2005 and December 31,
2005. Thus, if commission of the crime took place in 2005, then
the maximum sentence of seven years under La. R. S. 14: 81( C)
pre -2006 amendment) is applicable to relator' s case. Even with
the guilty plea and the State' s reduction of the charge from
aggravated rape to indecent behavior with juveniles, the
sentencing scheme for the reduced charge at the time the crime
was committed still controls. As such, relator' s twenty -five-
year sentence constitutes a violation of the ex post facto
clauses of both the state and federal constitutions, and
requires vacating the sentence and remanding for a new sentence.
See State v. Babineaux, 2016- 0694 ( La. 4/ 24/ 17), 217 So. 3d 329per curiam), State v. Modisette, 50, 846 ( La. App. 2nd Cir,
9/ 28/ 16), 207 So. 3d 11. 08, 1111- 12.
COURT OF APPEAL, FIRST CIRCUIT
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DEPUTY CLERK OF COURT
FOR THE COURT