State v. Duncan, 707 So. 2d 164

MARVIN, Chief Judge.

In this out-of-time appeal of a sentence of three years at hard labor by this 40-year-old defendant who did not file the La.C.Cr.P. art. 881.1 motion to reconsider in the trial court, we review the bare claim that the sentence is constitutionally excessive. State v. Mims, 619 So.2d 1059 (La.1993); State v. Sepulvado, 367 So.2d 762 (La.1979).

Having reviewed the appellate record, we note that the sentence is neither illegal, nor shocking to our conscience, or needless and purposeless. We find the sentence is not constitutionally excessive for this defendant who, being charged with distribution, bargained to plead guilty to possession, of cocaine.

AFFIRMED.

Case Details

Case Name: State v. Duncan

Court Name: Louisiana Court of Appeal

Date Published: Feb 25, 1998

Citations: 707 So. 2d 164; 30453-KA

Docket Number: 30453-KA

Court Abbreviation: La. Ct. App.