State v. Mayfield

MARVIN, Judge.

In this out-of-time appeal, the 37-year-old defendant, who was charged with and found guilty of possession of phenmetra-zine, a schedule II CDS, and who was sentenced to five years hard labor and ordered to pay costs, or in default of payment, to serve 30 additional days in jail, contends his sentence is unconstitutionally excessive.

The State concedes that the 30-day sentence to be served in default of payment of costs exceeds the statutory maximum for defendant, who was declared indigent by the trial court at arraignment. We shall vacate that portion of the sentence. Williams…