State v. Sowell

Louisiana Court of Appeal

State v. Sowell

718 So. 2d 633, 1998 La. App. LEXIS 2602, 1998 WL 646998

CourtLouisiana Court of Appeal

DecidedSeptember 23, 1998

DocketNo. 31296-KA

StatusPublished

This text of 718 So. 2d 633 (State v. Sowell) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Sowell, 718 So. 2d 633, 1998 La. App. LEXIS 2602, 1998 WL 646998 (La. Ct. App. 1998).

Pincite

Opinion

| iMARVIN, Chief Judge.

We do not find the maximum sentence after a plea of guilty to DWI 3rd offense to be constitutionally excessive for this 25-year-old appellant who,

[634]*634— had a prior DWI conviction in 1991, 1992 and 1994, plus a misdemeanor conviction in 1997 for driving under suspension;

— had a bench warrant for his arrest for failure to appear on a DWI 3rd offense charge pending in another parish when the sentence he now appeals was imposed, and

— could have been charged with DWI 4th offense.

The sentence is neither needless or purposeless nor shocking to our sense of justice.

DECREE

The sentence of five years at hard labor, six months of which are to be served without benefit of parole, probation or suspension of sentence, including the statutorily mandated fine of $2,000 fine, is AFFIRMED.

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