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STATE v. BUTLER

No. 33,403-KA.

760 So.2d 620 (2000)

STATE of Louisiana, Appellee, v. Arno A. BUTLER, Appellant.

Court of Appeal of Louisiana, Second Circuit.

May 10, 2000.

Attorney(s) appearing for the Case

Elton B. Richey, Jr., Shreveport, Counsel for Appellant.

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

Before BROWN and GASKINS, JJ., and SAMS, J. Pro Tem.

SAMS, J., Pro Tem.

Arno Butler pled guilty to simple possession of a Controlled Dangerous Substance (CDS), Schedule II, La. R.S. 40:967 C and to DWI second offense, La. R.S. 14:98 and was sentenced to the maximum five years at hard labor on the drug charge and four months on the DWI charge. Butler appeals the five-year sentence as excessive. We affirm.

Facts

Around 11:15 p.m. on July 3, 1998, Sergeant Evans, a deputy for the Webster Parish...

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