West v. State

Phipps, Judge.

After a jury found Robert West guilty of escape, 1 the trial judge sentenced him to ten years confinement in the state penal system. West appeals, claiming that the length of the sentence is excessive and vindictive. Because the trial judge imposed a sentence within the minimum and maximum sentences prescribed by law and we find no evidence that the judge acted vindictively toward West in determining the length of the sentence, we affirm.

On July 14, 1998, West pled guilty to family violence battery for causing visible bodily harm to Regina Arnold and was sentenced to a six-month…