State v. Sykes

JASPER E. JONES, Judge.

The defendant, Elmer Sykes, was charged by bill of information with third offense driving while intoxicated in violation of LSA-R.S. 14:98 D. He pled guilty to the charged offense and was sentenced to one year at hard labor. Defendant appeals his sentence as excessive. We affirm.

*887A cursory review of R.S. 14:98 D reveals the sentence imposed on defendant is illegally lenient instead of being excessive. The one year sentence is the minimum required by the statute; however, the statute also provides that at least six months of the sentence shall be without benefit of…