State v. ColemanState v. Coleman
The defendant, Marlon Coleman, was charged by bill of information with two counts of distribution of cocaine, a violation of
DISCUSSION
The record shows that in November 2005, the defendant sold two rocks of crack cocaine for $30 to a confidential informant working with the Webster Parish Sheriff‘s Office. Several days later, the defendant again sold rock cocaine to the confidential informant. Subsequently, defendant was arrested and charged with two counts of distribution of cocaine. In accordance with the plea agreement, the defendant pled guilty to one count of distribution of cocaine, for which he was sentenced to serve eight years at hard labor.
The defendant contends the trial court erred in imposing an excessive sentence. Defendant argues that the goals of punishment would be accomplished with a less severe sentence considering his background and the circumstances of the case.
The test imposed by the reviewing court in determining the excessiveness of a sentence is two-pronged. First, the record must show that the trial court took cognizance of the criteria set forth in
The second inquiry involves a determination of whether the sentence imposed
There is no requirement that specific matters be given any particular weight at sentencing. State v. Jones, 33,111 (La.App. 2d Cir.3/1/00), 754 So.2d 392, writ denied, 00-1467 (La.2/2/01), 783 So.2d 385. A trial court has wide discretion to sentence within the statutory limits. Absent a showing of manifest abuse of discretion, this court will not set aside a sentence as excessive. State v. Square, 433 So.2d 104 (La.1983); State v. McCall, 37,442 (La. App. 2d Cir.8/20/03), 852 So.2d 1162.
A conviction for distribution of cocaine is punished by imprisonment at hard labor for not less than two years nor more than 30 years, with the first two years of said sentence to be served without benefit of parole, probation or suspension of sentence.
Prior to imposing sentence in this case, the district court reviewed a pre-sentence investigation (PSI) report. The court stated that defendant was a first felony offender with a “significant” criminal history, which included convictions for theft and flight from an officer. Noting the facts of this case, the court found that defendant was “a dealer in cocaine” based upon his sale of the drug on two separate occasions.
In his appellate brief, defendant contends the sentence imposed was too severe considering his age and lack of prior felony convictions. The defendant further contends the district court erred in simply adopting the sentencing recommendation presented in the PSI by the Department of Corrections, which is without legal authority to sentence the defendant.
We note that the sentencing recommendation made by the Department of Corrections is statutorily authorized by
After reviewing the record, we conclude that an adequate factual basis exists for the imposition of this sentence, which is in the lower end of the sentencing range for the offense of conviction. Moreover, defendant‘s sentencing exposure was reduced as a result of the plea agreement that provided for the dismissal of several other pending charges.
Considering the background of the defendant and the circumstances of this case, the sentence imposed is lawful and is neither grossly disproportionate to the severity of the offense committed nor shocking to the sense of justice. There is no showing of an abuse of the district court‘s discretion in sentencing this defendant. Consequently, we cannot say that the sentence
Error Patent
In reviewing the record for error patent, we note that at sentencing the district court failed to specify that the first two years of defendant‘s sentence must be served without benefit of parole, probation or suspension of sentence pursuant to
CONCLUSION
For the foregoing reasons, the defendant‘s conviction and sentence are affirmed.
AFFIRMED.