State v. Smith

JjPER CURIAM.

The defendant, originally charged with carnal knowledge of a juvenile, pled guilty to an amended charge of attempted carnal knowledge of a juvenile. LSA-R.S. 14:27, 14:80 A(l). The trial court upwardly departed from the prescribed sentence under the Felony Sentencing Guidelines and sentenced defendant to four years at hard labor. Defendant timely filed a motion to reconsider sentence, urging that the court failed to consider that the sex act was voluntary. The motion was denied following a contradictory hearing wherein the court correctly noted that the victim’s consent is not an…