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STATE v. HERBERT

No. 12-228.

94 So.3d 916 (2012)

STATE of Louisiana v. Thomas HERBERT.

Court of Appeal of Louisiana, Third Circuit.

June 13, 2012.

Attorney(s) appearing for the Case

J. Phillip Haney , District Attorney, New Iberia, LA, Angela B. Odinet , Assistant District Attorney, St. Martinville, LA, for Appellee, State of Louisiana.

Edward K. Bauman , Louisiana Appellate Project, Lake Charles, LA, for Defendant/Appellant, Thomas Herbert.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, OSWALD A. DECUIR, and MARC T. AMY, Judges.

AMY, Judge.

The defendant was charged with second degree murder, a violation of La.R.S. 14:30.1. As part of a plea agreement with the State, the defendant pled guilty to manslaughter, a violation of La.R.S. 14:31. After a hearing, the trial court sentenced the defendant to forty years at hard labor. The defendant now appeals, contending that his sentence is excessive. For the following reasons, we affirm.

Factual and Procedural Background

In connection...

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