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STATE v. DAVIS

No. 22377-KA.

575 So.2d 875 (1991)

STATE of Louisiana, Appellee, v. Albert DAVIS, Jr., Appellant.

Court of Appeal of Louisiana, Second Circuit.

February 27, 1991.

Attorney(s) appearing for the Case

Richard E. Hiller, Indigent Defender Office, Shreveport, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, Paul J. Carmouche, Dist. Atty., Christina Chandler and Tommy J. Johnson, Asst. Dist. Attys., Shreveport, for appellee.

Before MARVIN, C.J., and NORRIS and HIGHTOWER, JJ.

MARVIN, Chief Judge.

The maximum sentence of two years at hard labor for middle-grade theft (of property valued between $100 and $500, LRS 14:67) is not excessive for a 41-year-old defendant who was a second-felony offender with two prior convictions and who was on parole when he committed the theft. LSA-Const. Art. 1, § 20.

When defendant's conduct is a crime against property and is statutorily quantified by...

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