Opinion
No. 21715-KA.
June 20, 1990.
APPEAL FROM TWENTY-SIXTH JUDICIAL DISTRICT COURT, PARISH OF WEBSTER, STATE OF LOUISIANA, HONORABLE DEWEY E. BURCHETT, JR., J.
Indigent Defender Bd. by Charles A. Smith, Minden, for appellant.
William J. Guste, Jr., Atty. Gen., Baton Rouge, Henry N. Brown, Jr., Dist. Atty., Bossier City, L. Charles Minifield, Asst. Dist. Atty., Minden, for appellee.
Before FRED W. JONES, Jr., NORRIS and HIGHTOWER, JJ.
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.