In State v. Chism 436 So.2d 464 (La. 1983), the Supreme Court of Louisiana affirmed the conviction of the District Court in Caddo Parish, but vacated the sentence and remanded the case.
Group of answer choices:
True
False
Answer (1)
In the case of State v. Chism, 436 So.2d 464 (La. 1983), the Louisiana Supreme Court indeed affirmed the conviction from the District Court in Caddo Parish but vacated the sentence and remanded the case for further proceedings.
This decision indicates that while the Supreme Court found the conviction itself to be correct and supported by the evidence presented, there was an issue with the sentencing that required it to be reconsidered by the lower court. This could be due to errors in the application of sentencing rules, procedures, or new information that might affect sentencing.
In legal terms, 'affirming the conviction' means that the higher court agrees that the defendant was rightfully found guilty. 'Vacating the sentence' means that the highest court sets aside the original sentence, and remanding the case means sending it back to the lower court for further action, which in this situation is to reconsider the sentencing.
