STATE v. PAYTON

No. 28,029-KA.

671 So.2d 1259 (1996)

STATE of Louisiana, Plaintiff-Appellee, v. Frank PAYTON, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 3, 1996.


Attorney(s) appearing for the Case

Jones & Charles by E. Roland Charles, Monroe, Attorney for Appellant.

Richard Ieyoub, Attorney General, Jerry L. Jones, District Attorney, Charles Brumfield, L. Douglas Lawrence, Assistant District Attorneys, for Appellee.

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


MARVIN, Chief Judge.

A maximum sentence of 30 years is not constitutionally excessive for this 31-year-old appellant, Frank Payton, convicted by a jury of distribution of cocaine (LRS 40:967),

—who had a prior conviction for the same offense and who returned to drug dealing soon after his October 1993 arrest on the present charge, as evidenced by his guilty plea to a January 1994 charge of possessing cocaine with the intent to distribute;

&...

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