State v. Davis

MARVIN, Judge.

Defendant, a first offender who sold about $60,000 worth of cocaine to undercover policemen for $12,500, contends in this appeal that his sentence of five years is constitutionally excessive, essentially because it was not suspended. The sentence was the minimum under LRS 40:967 B, the maximum being 30 years.

Defendant is a 33-year-old unmarried college graduate, a former pilot in the Air Force, who owns his own cocktail lounge. The trial court stated some of defendant’s personal history and the facts of the offense during the sentencing hearing. The trial court substantially…