State v. Hernandez

GAUDIN, Judge.

Jose Hernandez was sentenced to 10 and one-half years at hard labor following a plea of guilty to attempted manslaughter. Previously, Hernandez had been found guilty by a 12-person jury of attempted second degree murder but the conviction was reversed by the Supreme Court of Louisiana. See State v. Hernandez, 488 So.2d 972 (La.1986).

Rather than stand trial again charged with attempted second degree murder, Hernandez engaged in plea bargaining and pled to a reduced charge.

On appeal now, he argues (1) that his sentence was excessive and (2) that the sentencing district judge did…