State v. Duncan

STATE of Louisiana, Appellee, v. Sunny Mann DUNCAN, Appellant.

Louisiana Court of Appeal

Decided February 25, 1998.

Louisiana Court of Appeal · decided 1998-02-25

Relies on State v. Sepulvado · State v. Mims

Good law ✅— No negative treatment on recordhow we know

Decided 1998-02-25

How this case has been cited

Cited by 115 later decisions — most recently April 2019 · most notably State v. Speed (2009), 784 So. 2d 714 - State v. Gay (2001)

114 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 *165 Sunny Mann Duncan, in proper person.

¶2Richard Ieyoub, Attorney General, Don M. Burkett, District Attorney, H. Melissa Sugar, Assistant District Attorney, for Appellee.

¶3Before MARVIN, C.J., and WILLIAMS and PEATROSS, JJ.

¶4MARVIN, Chief Judge.

¶5In 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).

¶6Having 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.

¶7AFFIRMED.