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STATE v. ARTERBERRY

No. 16,154-KA.

449 So.2d 1179 (1984)

STATE of Louisiana, Appellee, v. Marvin ARTERBERRY, Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 30, 1984.

Attorney(s) appearing for the Case

Nesib Nader, Shreveport, for appellant.

William J. Guste, Jr., Atty. Gen., Barbara B. Rutledge, Asst. Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty., Richard Carney, Catherine M. Estopinal, Asst. Dist. Attys., Shreveport, for appellee.

Before HALL, JASPER E. JONES and SEXTON, JJ.

SEXTON, Judge.

The defendant, Marvin Arterberry, was charged by bill of information with DWI-4th offense, under LSA-R.S. 14:98. The defendant entered a plea of guilty to DWI-3rd offense under LSA-R.S. 14:98, which carries a statutory penalty of not less than one nor more than five years at hard labor. The defendant was sentenced to two years at hard labor and appeals his sentence as excessive. Finding no abuse in the trial court's imposition of a two year hard labor...

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