State v. Roberts

KNOLL, Judge.

Defendant, Paul Dale Roberts, Jr., was convicted in a trial by jury of aggravated battery, a violation of LSA-R.S. 14:34. Defendant was sentenced to serve ten years at hard labor, the maximum penalty provided for aggravated battery. Defendant relies upon two assignments of error to set aside his sentence: (1) the trial judge erred in not following the guidelines as established by Article 894.1 of the Code of Criminal Procedure; and (2) the trial court erred by imposing the maximum sentence of ten years at hard labor, which sentence is excessive and amounts to cruel and unusual…