No. 15579-KA Precedential Processed

State v. Davis

Louisiana Court of Appeal, Second Circuit · Filed October 24, 1983 · 440 So. 2d 855

Cited by

State v. Winston 567 So. 2d 1131 La. Ct. App. 2d Cir. 1990
State v. Freeman 503 So. 2d 501 La. Ct. App. 4th Cir. 1987

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Green 409 So. 2d 563
State v. Telsee 425 So. 2d 1251
State v. Bonanno 384 So. 2d 355
State v. Cain 382 So. 2d 936
State v. Howard 414 So. 2d 1210

Opinion text

MARVIN, Judge. Defendant, a first offender who sold about $60,000 worth of cocaine to undercover policemen for $12,500, contends in this appeal that his sentence of five years is constitutionally excessive, essentially because it was not suspended. The sentence was the minimum under LRS 40:967 B, the maximum being 30 years. Defendant is a 33-year-old unmarried college graduate, a former pilot in the Air Force, who owns his own cocktail lounge. The trial court stated some of defendant’s personal history and the facts of the offense during the sentencing hearing. The trial court substantially complied with the CCrP Art. 894.1 guidelines and the record clearly supports and illumines the sentencing factors, aggravating and mitigating. State v. Green, 409 So.2d 563 (La.1982). A sentence may be found excessive if it makes no measurable contribution to acceptable goals of punishment or is grossly out of proportion to the severity of the crime. State v. Telsee, 425 So.2d 1251 *856 (La.1983). In similar cases sentences have ranged from 6 to 21 years. See, e.g., State v. Bonanno, 384 So.2d 355 (La.1980) and State v. Cain, 382 So.2d 936 (La.1980). A trial court has considerable discretion in this area. State v. Howard, 414 So.2d 1210 (La.1982). We do not find an abuse of that discretion. Sentence affirmed.