STATE v. HOGAN

No. 38,962-KA.

882 So.2d 722 (2004)

STATE of Louisiana, Appellee v. Elliott L. HOGAN, Appellant.

Court of Appeal of Louisiana, Second Circuit.

September 22, 2004.


Attorney(s) appearing for the Case

Louisiana Appellate Project by Paula Corley Marx, Lafayette, for Appellant.

John Schuyler Marvin, District Attorney, Edward Charles Jacobs, Helene Melissa Sugar, Assistant District Attorneys, for Appellee.

Before BROWN, DREW and LOLLEY, JJ.


DREW, J.

A jury found Elliott L. Hogan, 39, guilty as charged on one count of simple escape. The court denied motions for post-verdict judgment of acquittal and for new trial. Thereafter, the court adjudged defendant to be a fourth felony offender, imposed a sentence of 40 years, and denied a timely motion for reconsideration. Defendant appeals his sentence as excessive. We affirm.

Background

On March 8, 2002, defendant was a legally-confined...

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