State v. Higginbotham

HALL, Chief Judge.

Defendant, Roy Higginbotham, pled guilty to two counts of indecent behavior with a juvenile in violation of LSA-R.S. 14:81. He received two consecutive four year hard labor sentences. On appeal to this court, the sentences were vacated and the case remanded for further articulation and compliance with LSA-C.Cr.P. Art. 894.-1. On remand, the trial judge imposed the same sentences. Defendant has again appealed and again assigns as errors the failure of the trial judge to comply with Article 894.1 and the imposition of a constitutionally excessive sentence.

On the first appeal,…