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440 So. 2d 855

State v. Davis

Louisiana Court of Appeal

Decided October 24, 1983

Louisiana Court of Appeal · decided 1983-10-24

Cited by 2 later decisions — most recently September 1990

2 state decisions

Relies on 384 So. 2d 355 - State v. Bonanno · 425 So. 2d 1251 - State v. Telsee · 414 So. 2d 1210 - State v. Howard

Good law ✅— No negative treatment on recordhow we know

Decided 1983-10-24

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MARVIN, Judge.

¶1Defendant, 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.

¶2Defendant 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).

¶3A 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.

¶4Sentence affirmed.

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