State v. Lewis
State v. Lewis
Opinion of the Court
11 Defendant, Kendranze Lewis, was charged by bill of information with possession of marijuana-third offense, but pled guilty to the amended charge of possession of marijuana-second offense. On January 11, 2012, officers went to defendant’s residence to arrest him on a probation and parole warrant. A search of the residence incident to arrest revealed a marijuana cigarette. Defendant was on good time release and under the supervision of the Division of Probation and Parole at the time of the instant offense. The offense for which defendant was on probation/parole was a 2006 conviction of possession of Schedule II (crack cocaine) with the intent to distribute. Defendant was sentenced to four years’ hard labor and was recommended for the intensive incarceration substance abuse program. Following the denial of his motion to reconsider sentence, defendant has appealed urging that his sentence is excessive.
Discussion
Review of a sentence for constitutional excessiveness turns upon whether the sentence is illegal, grossly disproportionate to the severity of the offense, or shocking to the sense of justice. State v. Lobato, 603 So.2d 739 (La. 1992). A trial court has broad discretion to sentence within the statutory limits. Absent a showing of manifest abuse of.that discretion, the reviewing court may not set aside a sentence as excessive. State v. Guzman, 99-1528, 99-1753 (La.05/16/00), 769 So.2d 1158; State v. June, 38,440 (La.App.2d Cir.05/12/04), 873 So.2d 939.
| gPossession of marijuana-second offense is punishable by a fine of not less than $250, nor more than $2,000, and imprisonment with or without hard labor for not more than five years, or both. La. R.S. 40:966(E)(2)(a).
The trial court also considered defendant’s age of 26 years, his personal history, and that he had obtained his GED while at an alternative school in Minden. He recognized defendant’s work history and that defendant admitted to a substance abuse problem, but noted that defendant has done nothing to help himself while incarcerated. The trial court expressly found no mitigating factors.
We do not find the sentence imposed to be constitutionally excessive. Defendant received a substantial benefit from the plea bargain in this case, | .¡reducing his sentencing exposure from twenty years to five.
Conclusion
Defendant’s conviction and sentence are affirmed.
. His sentencing exposure on a third offense would have been up to 20 years’ hard labor and a $5,000 fine.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.