STATE v. WINZY

No. 89-KA-472.

562 So.2d 1188 (1990)

STATE of Louisiana v. Elijah WINZY.

Court of Appeal of Louisiana, Fifth Circuit.

June 6, 1990.


Attorney(s) appearing for the Case

Donald Carmouche, Dist. Atty., Donaldsonville, for plaintiff-appellee.

Charles Long, Donaldsonville, for defendant-appellant.

Before CHEHARDY, BOWES and GAUDIN, JJ.


GAUDIN, Judge.

Citing Art. I, Sec. 20 of the Louisiana Constitution of 1974, Elijah Winzy is before this Court contending that the maximum 40-year sentence he received in the 23rd Judicial District Court for first degree robbery is cruel and excessive punishment.

Winzy, 42 years of age and convicted by a jury, blames drugs and alcohol for his criminal conduct. The fact that he is an addict, Winzy argues, should have been a mitigating factor lessening his sentence...

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