STATE v. SMITH

No. 41,263-KA.

940 So.2d 686 (2006)

STATE of Louisiana, Appellee v. Sam Larry SMITH, Appellant.

Court of Appeal of Louisiana, Second Circuit.

September 20, 2006.


Attorney(s) appearing for the Case

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

Paul Joseph Carmouche, District Attorney, J. Dhu Thompson, Ron Christopher Stamps, Assistant District Attorneys, for Appellee.

Before BROWN, STEWART and DREW, JJ.


DREW, J.

The defendant, Sam Larry Smith, pled guilty as charged to aggravated second degree battery upon the state's agreement not to file an habitual offender bill of information. The court imposed a sentence of seven years at hard labor and denied a timely motion for reconsideration. Smith now argues the sentence is excessive and that the trial court failed to consider the factors listed under La. C. Cr. P. art. 894.1. We affirm the conviction and sentence.

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