STATE v. RUSSELL

No. 99-KA-767.

750 So.2d 1074 (1999)

STATE of Louisiana v. Carl L. RUSSELL.

Court of Appeal of Louisiana, Fifth Circuit.

November 30, 1999.


Attorney(s) appearing for the Case

Margaret S. Sollars, Thibodaux, LA, Attorney for Defendant/Appellant.

Paul D. Connick, Jr., District Attorney, Ellen S. Fantaci, Terry M. Boudreaux, Robert Odinet, Joan Benge, Assistant District Attorneys, Gretna, LA, Attorneys for Plaintiff/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., THOMAS F. DALEY and SUSAN M. CHEHARDY.


DALEY, Judge.

Defendant, Carl L. Russell, appeals his sentence for his conviction under LSA-R.S. 14:95.1, a felon carrying a firearm, as constitutionally excessive. We affirm.

On original appeal, the defendant appealed his conviction and sentence, and on January 13, 1999, this court affirmed the defendant's conviction, vacated the defendant's sentence and remanded the case for re-sentencing. This court held that by sentencing the defendant without him present...

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