STATE v. EMERSON

No. 2004 KA 0156.

888 So.2d 975 (2004)

STATE of Louisiana v. Jimmy EMERSON, Jr.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 10, 2004.


Attorney(s) appearing for the Case

Donald D. Candell, Assistant District Attorney, Donaldsonville, Counsel for Appellee State of Louisiana.

Gwendolyn K. Brown, Appellate Attorney, Baton Rouge, Counsel for Defendant/Appellant Jimmy Emerson, Jr.

Before: WHIPPLE, FITZSIMMONS AND DOWNING, JJ.


DOWNING, J.

This is defendant's second appeal urging the excessiveness of a sentence imposed pursuant to a plea bargain agreement under which defendant pled guilty to a lesser offense and sentencing was left largely to the discretion of the trial judge, subject to a cap.

PROCEDURAL HISTORY AND FACTS

The defendant, Jamie Emerson, Jr., was charged by grand jury indictment with the second degree murder of...

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