STATE v. COSBY

No. 31073-KA.

717 So.2d 279 (1998)

STATE of Louisiana, Appellee, v. Billy Joe COSBY, Appellant.

Court of Appeal of Louisiana, Second Circuit.

August 19, 1998.


Attorney(s) appearing for the Case

Wm. Rick Warren, Indigent Defender Board, Minden, for Appellant.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, J. Schuyler Marvin, Assistant District Attorney, for Appellee.

Before STEWART, GASKINS and PEATROSS, JJ.


GASKINS, Judge.

The defendant, Billy Joe Cosby, pled guilty to possession of cocaine in exchange for the state's agreement to dismiss an unrelated charge of middle-grade theft. The trial court sentenced him to a term of five years at hard labor and denied a timely motion for reconsideration. The defendant appeals his sentence as excessive. We affirm.

The test imposed by the reviewing court in determining the excessiveness of a sentence is two-pronged. First...

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