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STATE v. LEWIS

No. 16322-KA.

455 So.2d 685 (1984)

STATE of Louisiana, Appellee, v. Jerry L. LEWIS, Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied September 21, 1984.

Writ Denied November 9, 1984.

Attorney(s) appearing for the Case

Indigent Defender Office, by Timothy R. Fischer, Richard E. Hiller, Shreveport, for appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty., Carey T. Schimpf, John A. Broadwell, Asst. Dist. Attys., Shreveport, for appellee.

Before JASPER E. JONES, FRED W. JONES, Jr. and SEXTON, JJ.

SEXTON, Judge.

The defendant was originally charged with attempted second degree murder involving the February 2, 1983 shooting of Clarence Edward Brown. As a result of a plea bargain, the defendant plead guilty to aggravated battery on November 29, 1983 with the understanding that a five year ceiling on the sentence would be in effect. He was sentenced on July 13, 1983 to five years at hard labor and now appeals that sentence as excessive. We affirm.

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