STATE v. JOHNSON

No. KA-0993.

444 So.2d 750 (1984)

STATE of Louisiana v. Theodore J. JOHNSON.

Court of Appeal of Louisiana, Fourth Circuit.

January 12, 1984.


Attorney(s) appearing for the Case

Harry F. Connick, Dist. Atty., Beryl McSmith, Asst. Dist. Atty., New Orleans, for State.

Joseph Meyer, Jr., New Orleans, for defendant.

Before REDMANN, C.J., and CIACCIO and WILLIAMS, JJ.


REDMANN, Chief Judge.

This appeal argues only excessiveness of a sentence of five years at hard labor for negligent homicide. The killing, of a two-year-old child, occurred when defendant was driving a dump truck at about 46 mph in a 20 mph limit school zone after drinking (according to a fellow worker who helped do the drinking) two or three bottles of vodka (of undisclosed size).

Defendant had been convicted in traffic court of driving intoxicated on two...

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