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STATE v. NEELY

No. 35,993-KA.

818 So.2d 829 (2002)

STATE of Louisiana, Plaintiff-Appellee, v. Bernie James Thomas NEELY, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

May 8, 2002.

Attorney(s) appearing for the Case

John Michael Lawrence, Indigent Defender Board, for Defendant-Appellant.

Richard Ieyoub, Attorney General, James A. Bullers, District Attorney, Michael A. Pitman, Assistant District Attorney, for Plaintiff-Appellee.

Before NORRIS, C.J., and BROWN and GASKINS, JJ.

NORRIS, Chief Judge.

Bernie Neely appeals his sentence of 20 years at hard labor as excessive.1 For the following reasons, we affirm the sentence.

Facts

On February 5, 2000, Neely was alone with his six-week-old son, Kyle Neely. Around 3:00 p.m., because the baby was crying and throwing up his food, Neely shook Kyle so violently that he stopped breathing. Shortly after this incident, the mother of the infant, Judith...

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