Dеfendant, Jerry William Rutledge was charged with possession of Schedule IV controlled dangerous substances (CDS) with intent to distribute, рossession of cocaine, possession of marijuana with intent to distribute, conspiracy to distribute marijuana and сonspiracy to distribute Schedule IV CDS. The State agreed that, in exchange for Defendant’s guilty plea to conspirаcy to distribute marijuana, it would dismiss all the other charges and that Defendant’s bail would be reduced pending sentencing. Defendant entered his guilty plea in 1996 in accordance with this plea agreement. He appeared before thе trial court again in 2000 when he asked for and received an agreed sentence of eight years at hard labor, to be served consecutively to a sentence pending in Tennessee. The trial court thereafter denied a timely motion for reconsideration of sentence. On appeal, Defendant argues that his Tennessee and Louisiana sentences should be served concurrently as opposed to consecutively. Finding no merit to this claim, we аffirm the conviction and sentence.
FACTS AND PROCEDURAL HISTORY
The matters of record show that, in October 1995, Defendant, a resident of Tennessеe, was stopped for a traffic violation on Interstate 20 in Ouachita Parish. Circumstances at the scene, including сonflicting statements by the occupants of the vehicle, led the investigating state trooper to request a consent to search. Defendant, who was the driver of the stopped vehicle, consented to the search which disсlosed approximately 10 pounds of marijuana, approximately 4,000 tablets of Ro-hipnol, a Schedule IV CDS, aрproximately 900 tablets of Tenuate Dospan, also a Schedule IV CDS, and a variety of drug paraphernalia. A quаntity of | .¿cocaine also was found. Defendant pled guilty to the marijuana conspiracy count in September 1996 аnd was released on reduced bail as agreed.
Thereafter, but before sentencing, Defendant returned to Tennеssee where he allegedly performed some unspecified services for the Drug Enforcement Administration. He was аlso, however, arrested for aggravated robbery in Tennessee which he committed during that time. Defendant was conviсted of the aggravated robbery and sentenced to eight years at hard labor by the Tennessee court, to be sеrved concurrently with the pending Louisiana sentence.
Defendant, thereafter, appeared for sentencing in Louisiana. During the sentencing colloquy, the State, Defendant and the trial court agreed that Defendant would receive an eight-year sentence, to be served consecutively to the Tennessee sentence. The trial court imposed the agreed eight-year consecutive sentence. Defendant now appeals.
DISCUSSION
On appeal, Defendant argues that “it appears patently unfair” to requirе him to serve a consecutive sentence because the Tennessee court directed that its sentence would be served concurrently with the Louisiana sentence. We note that Defendant agreed to serve a consecutive sentence after the Tennessee court issued its judgment. Apрellate defense counsel concedes in brief that an agreed sentence is not subject to review. Although the statute, La.C.Cr.P. art. 881.2, and the jurisprudence prohibiting appeals of agreed sentences refer to sentences agreed to on
Defendant also urges that his sentence must be credited with time served on the Tennessee sentence. This issue, however, was not raised in Defendant’s motion for recоnsideration of sentence. La. C.Cr.P. art. 881.1 precludes Defendant from presenting sentencing arguments to the court of appeal which were not presented to the trial court in a motion for reconsideration of sentencе. Further, a new basis for an objection cannot be raised for the first time on appeal. State v. Cressy,
We will, nevertheless, briefly аddress Defendant’s argument. Defendant relies on Dorman v. Ward, 97-1662 (La.App. 1st Cir.6/29/98),,
In Dorman, the defendant was on parole from Louisiana at the time he committed the Florida offense. He already had served a portion of his sentence in Louisiana. The first circuit specifically based its ruling on the_Jjlanguage of La. R.S. 15:574.10 dealing with “conviction of a felony while on parole.”
In the case sub judice, Defendant was not on parole frоm Louisiana at the time he committed the Tennessee offense for which he was sentenced in that state. His Louisiana status was that of a person released on bond pending sentencing. Thus, Dorman does not apply to this situation.
Defendant agreed, after the Tennesseе court made its pronouncement, to serve a consecutive sentence in Louisiana. His claim that the sentences should be served concurrently, which is contrary to his agreement with the Louisiana court and which he entered intо with the assistance of experienced counsel, is without merit as is his claim that he should receive credit toward his Louisiana sentence for time served on the Tennessee sentence.
We have examined the record for еrror patent, but found none.
CONCLUSION
The conviction and sentence imposed on Defendant, Jerry William Rutledge, are affirmed.
AFFIRMED.
