STATE v. DAY

No. 02-1039.

838 So.2d 74 (2003)

STATE of Louisiana v. Robert Paul DAY.

Court of Appeal of Louisiana, Third Circuit.

February 5, 2003.


Attorney(s) appearing for the Case

Robert Richard Bryant, Jr., District Attorney, Lake Charles, LA, for Plaintiff/Appellee, State of Louisiana.

Paula Corley Marx, Louisiana Appellate Project, Lafayette, LA, for Defendant/Appellant, Robert Paul Day.

Court composed of SYLVIA R. COOKS, JIMMIE C. PETERS, and GLENN B. GREMILLION, Judges.


GREMILLION, Judge.

In this case, the defendant, Robert Paul Day, pled guilty to cultivation of marijuana in violation of La.R.S. 40:966(A)(1). He was sentenced to serve five years at hard labor without benefit of probation, parole, or suspension of sentence, with credit for time served. He now appeals claiming that the sentence imposed was cruel, unusual, and constitutionally excessive; the trial court erred in finding the amendments to La.Code Crim.P. art. 893 did...

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