State v. Johnson

WATKINS, Judge.

John W. Johnson was indicted by the East Baton Rouge Parish Grand Jury for aggravated rape, a violation of LSA-R.S. 14:42. Thereafter, the state amended the indictment to charge the offense of incest, a violation of LSA-R.S. 14:78; and defendant pled guilty to the amended charge. The trial court imposed a sentence of fifteen years at hard labor. Defendant appealed, urging as his only assignment of error that the trial court imposed an excessive sentence.1

Defendant was charged with having sexual intercourse with his eleven year old natural daughter. Defendant and the victim’s…