State v. Ratcliff

Louisiana Court of Appeal

State v. Ratcliff

564 So. 2d 778, 1990 La. App. LEXIS 1607, 1990 WL 84451

Louisiana Court of Appeal·Decided June 20, 1990·No. No. 21715-KA·Published·Cited by 2 cases

Opinion

PER CURIAM.

Defendant, charged with one count of forgery' and one count of issuing worthless checks totaling $1,037.27, pled guilty to the latter charge. Pursuant to a plea bargain, the state dismissed the forgery count and agreed to a sentence of no more than five years.

The trial court imposed a sentence of five years at hard labor, suspended execution, and placed defendant on supervised probation for five years subject to conditions including restitution and successful completion of a drug treatment program.

Defendant now appeals the sentence as being excessive.

When a court imposes a sentence within the limits to which the defendant has agreed in accepting a plea bargain, he cannot complain of excessiveness. State v. Bell, 412 So.2d 1335 (La.1982); State v. Lewis, 564 So.2d 739 (La.App. 2d Cir.1990); State v. Wilson, 438 So.2d 635 (La.App. 2d Cir.1983); State v. Brown, 427 So.2d 1284 (La.App. 2d Cir.1983).

CONVICTION AND SENTENCE AFFIRMED.

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PER CURIAM.

Defendant, charged with one count of forgery' and one count of issuing worthless checks totaling $1,037.27, pled guilty to the latter charge. Pursuant to a plea bargain, the state dismissed the forgery count and agreed to a sentence of no more than five years.

The trial court imposed a sentence of five years at hard labor, suspended execution, and placed defendant on supervised probation for five years subject to conditions including restitution and successful completion of a drug treatment program.

Defendant now appeals the sentence as being excessive.

When a court imposes a sentence within the limits to which the defendant has agreed in accepting a plea bargain, he cannot complain of excessiveness. State v. Bell, 412 So.2d 1335 (La.1982); State v. Lewis, 564 So.2d 739 (La.App. 2d Cir.1990); State v. Wilson, 438 So.2d 635 (La.App. 2d Cir.1983); State v. Brown, 427 So.2d 1284 (La.App. 2d Cir.1983).

CONVICTION AND SENTENCE AFFIRMED.

State v. Ratcliff, 564 So. 2d 778, 1990 La. App. LEXIS 1607, 1990 WL 84451 (La. Ct. App. 1990).

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