State v. Lewis

EDWARDS, Judge.

Darrell Wayne Lewis pleaded guilty to a reduced charge of aggravated battery, a violation of LSA-R.S. 14:34.* The trial judge sentenced him to a term of five years at hard labor. He appealed, alleging as his sole assignment of error that his sentence is excessive.

EXCESSIVE SENTENCE

Defendant argues that his sentence is excessive because he is a first offender and is likely to benefit from probation. He further contends that the trial court should not have considered his arrest record in sentencing him as a first felony offender.

Article I, Section 20, of the Louisiana…