State v. Clark

|,I respectfully concur. “Where a specific sentence or a sentencing cap has been agreed upon as a consequence of a plea bargain, a sentence imposed within the agreed range cannot be appealed as excessive if that right has not been specifically reserved, and there is no need for the trial judge to give reasons for the sentence as normally required by La. C. Cr. P. art. 894.1.” State v. Fizer, 43,271 (La.App. 2 Cir. 6/4/08), 986 So.2d 243. “Indeed, there is no need for the trial court to comply with that article when the defendant has agreed to a sentence cap.” State v. Smith, 49,163 (La.App. 2…