Louisiana v. Oliphant
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While driving his vehicle in a highly intoxicated state, defendant Craig Oliphant struck and killed a pedestrian and subsequently pled guilty to the charge of vehicular homicide. The District Court ultimately sentenced defendant to twenty-five years at hard labor, with the first fifteen years without benefit of probation, parole, or suspension of sentence, and designated the offense a crime of violence. The appellate court affirmed the conviction, reversed the portion of the sentence designating vehicular homicide a crime of violence, vacated the twenty-five-year sentence, and remanded the matter for resentencing. Defendant appealed his sentence. The Supreme Court granted this writ to provide guidance to the lower courts regarding whether the offense of vehicular homicide fit the general definition of a "crime of violence" under La. Rev. Stat. 14:2(B). The Court found that the offense of vehicular homicide is a crime of violence as the offense involves the use of physical force and the substantial risk that force will be used against another person in the commission of the offense as well as the use of a dangerous weapon. Finding no error in the District Court’s designation, the Court reversed the judgment of the Court of Appeal, vacated defendant’s sentence, and remanded the case to the District Court for resentencing.
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