State v. Williams

MARVIN, Chief Judge.

The State originally charged Sylvester Williams with possession of cocaine with intent to distribute, La.R.S. 40:967(A). After Williams bargained to enter an Alford plea of guilty to a lesser charge of possession of cocaine, La.R.S. 40:967(C), the trial court pronounced a “sentence at hard labor not to exceed five years.”

Williams appeals, complaining that his sentence is indeterminate and excessive. The court minutes and a written “judgment” later signed by the court state that Williams was sentenced to five years at hard labor. La.C.Cr.P. art. 871 does not mention a…