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01/30/85 State of Louisiana, v. Paul Dale Roberts

January 30, 1985

STATE OF LOUISIANA, PLAINTIFF-APPELLEE

v.

PAUL DALE ROBERTS, JR., DEFENDANT-APPELLANT PUBLIC DOMAIN CITE: STATE

v.

ROBERTS , 84-442 (LA. APP. 3 CIR. 1/30/85); 463 SO. 2D 1007



Before DOUCET, YELVERTON, and KNOLL, Judges.

COURT OF APPEAL OF LOUISIANA, THIRD CIRCUIT

On Appeal from the Fourteenth Judicial District Court in and for the Parish of Calcasieu, State of Louisiana, Honorable W. Ellis Bond, Judge, Presiding. 1985.LA.74

APPELLATE PANEL:

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE KNOLL

Defendant, Paul Dale Roberts, Jr., was convicted in a trial by jury of aggravated battery, a violation of LSA-R.S. 14:34. Defendant was sentenced to serve ten years at hard labor, the maximum penalty provided for aggravated battery. Defendant relies upon two assignments of error to set aside his sentence: (1) the trial judge erred in not following the guidelines as established by Article 894.1 of the Code of Criminal Procedure; and (2) the trial court erred by imposing the maximum sentence of ten years at hard labor, which sentence is excessive and amounts to cruel and unusual punishment. We affirm, finding that the record clearly illuminates and supports the sentencing choice.

In the early morning of January 30, 1983, defendant and David Gaspard, the victim, began fighting at Oscar's Lounge in downtown Lake Charles, but were ejected before the altercation became too involved. Defendant was escorted out of the front door and the victim through the rear exit. The defendant went to his automobile, obtained a baseball bat, and sought out Gaspard. Defendant then repeatedly struck Gaspard with the baseball bat, leaving him lying semiconscious on the sidewalk. Officers of the Lake Charles Police Department on routine patrol later found Gaspard in the same condition and location where defendant left him. Gaspard was hospitalized and remained in a coma for over two weeks and has no recollection of the ...


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