STATE v. TOBIN

No. 32,672-KA.

743 So.2d 881 (1999)

STATE of Louisiana, Appellee, v. Martin R. TOBIN, Appellant.

Court of Appeal of Louisiana, Second Circuit.

October 27, 1999.


Attorney(s) appearing for the Case

Indigent Defender Board by John W. Evans, Jr., Counsel for Appellant.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, Robert Randall Smith, Assistant District Attorney, Counsel for Appellee.

Before WILLIAMS, STEWART and DREW, JJ.


DREW, J.

Defendant pled guilty as charged to DWI (third offense). The district court imposed the maximum penal sanction of five years at hard labor without benefit of parole, probation or suspension of sentence, plus the other punishments required by the statute: a fine of $2,000 and forfeiture and sale of defendant's vehicle. The sentencing court denied defendant's timely motion for reconsideration of sentence. Defendant appeals his sentence as constitutionally excessive...

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