State v. Johnson

Full title: STATE OF LOUISIANA, APPELLEE, v. CLARENCE JAMES JOHNSON, III, APPELLANT

Court: Court of Appeal of Louisiana, Second Circuit

Date published: Feb 24, 1993

614 So. 2d 834 (La. Ct. App. 1993)

Opinion

No. 24656-KA.

February 24, 1993.

APPEAL FROM TWENTY-SIXTH JUDICIAL DISTRICT COURT, PARISH OF BOSSIER, TRIAL COURT NO. 71,321; STATE OF LOUISIANA, HONORABLE GRAYDON K. KITCHENS, JR., JUDGE.

Indigent Defender Officer by Joseph M. Clark, Bossier, for appellant.

Richard P. Ieyoub, Atty. Gen., Baton Rouge, James M. Bullers, Dist. Atty., David G. Griffith, Asst. Dist. Atty., Bossier, for appellee.

Before LINDSAY, HIGHTOWER and STEWART, JJ.

STEWART, Judge.

Clarence James Johnson, III appeals his sentence of four years at hard labor for distribution of cocaine as excessive. He was originally charged with three counts of distribution of cocaine (LSA-R.S. 40:967 A) but was allowed to plead guilty to one count and have the other counts nolle prossed. We affirm.

The defendant's claim is not properly before this court due to his failure to comply with LSA-C.Cr.P. Art. 881.1.

We have examined the record for error patent, LSA-C.Cr.P. Art. 920(2), and found none. The conviction and sentence are affirmed.

AFFIRMED.