State v. Asberry

COVINGTON, Judge.

This appeal was taken by the defendant, Timothy Asberry, for consideration of one assignment of error, whether he received an excessive sentence in violation of La. Const.1974, Art. 1, Sec. 20.

The defendant was charged by grand jury indictment, with the crime of negligent homicide in violation of LSA-R.S. 14:32. To this charge, Asberry pled guilty. The trial judge sentenced him to serve three years at hard labor with the Louisiana Department of Corrections.

On the evening of January 17, 1983, Timothy Asberry, twenty-two years of age, was a guest in the home of his sister. The…