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STATE v. COZZETTO

No. 42,259-KA.

962 So.2d 1225 (2007)

STATE of Louisiana, Appellee, v. Mark Stephen COZZETTO, Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied September 13, 2007.

Opinion Dissenting from Denial of Rehearing September 13, 2007.

Attorney(s) appearing for the Case

Louisiana Appellate Project by G. Paul Marx, for Appellant.

Paul J. Carmouche, District Attorney, Catherine M. Estopinal, Assistant District Attorney, for Appellee.

Before STEWART, PEATROSS and MOORE, JJ.

STEWART, J.

The defendant, Mark Stephen Cozzetto, was sentenced to five years at hard labor after he pled guilty to one count of first degree vehicular negligent injuring. His appeal asserts that the maximum sentence is excessive. For the reasons explained in this opinion, we reverse the maximum sentence of imprisonment and remand with instructions for re-sentencing.

FACTS

A hit-and-run vehicular accident involving the defendant occurred on January...

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