State v. Flaherty

The defendant pleaded guilty to a charge of delivery of a controlled substance, first offense, and was sentenced to 5 years imprisonment. The sole issue on this appeal is whether or not the sentence is excessive.

The defendant was initially charged with .delivery of a controlled substance (LSD), second offense. Pursuant to the terms of a plea bargain the information was amended to charge only a first offense. The defendant pleaded guilty to the amended charge.

The record establishes that the defendant was placed on probation on a prior charge of delivery of cocaine only 9 days before Ms arrest…