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State v. Moten

Court of Appeal of Louisiana, Third Circuit

March 4, 2015

STATE OF LOUISIANA
v.
ROBERT MOTEN

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE, DOCKET NO. 142640. HONORABLE GLENNON P. EVERETT, DISTRICT JUDGE.

Annette Roach, Louisiana Appellate Project, Lake Charles, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT: Robert Moten.

Keith Stutes, District Attorney--Fifteenth Judicial District; Alan P. Haney, Assistant District Attorney, Lafayette, Louisiana, COUNSEL FOR APPELLEE: State of Louisiana.

Court composed of Jimmie C. Peters, Billy Howard Ezell, and James T. Genovese, Judges.

OPINION

Page 973

[14-1169 La.App. 3 Cir. 1] GENOVESE, Judge.

In this criminal case, Defendant, Robert Moten,[1] pled guilty to armed robbery and was sentenced to twenty years at hard labor. He appeals his sentence only, alleging excessive sentence. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

On August 10, 2013, Defendant entered a store on Ambassador Caffery Parkway in Lafayette, Louisiana, and robbed the clerk with a weapon. He admitted that he was high on cocaine at the time of the robbery and claimed that he committed the robbery because he owed someone money for drugs. He also claimed that the weapon used in the robbery was a toy gun.

The record indicates that Defendant is a forty-three-year-old third felony offender, having been found guilty of possession of crack cocaine in 1993, and having pled guilty to simple robbery in 2003. It is also noteworthy that Defendant has been arrested five additional times on felony charges, resulting only in guilty pleas to misdemeanor offenses.

Defendant was charged by bill of information with armed robbery in violation of La.R.S. 14:64. He initially pled not guilty, but later withdrew his not guilty plea and entered a plea of guilty as charged. In exchange for his guilty plea, the State agreed not to seek enhancement through a habitual offender bill. Defendant was sentenced to serve twenty years at hard labor without benefit of parole, probation, or suspension of sentence. Defendant's Motion to Reconsider Sentence, seeking a reduction in sentence to fifteen years, was denied, and he [14-1169 La.App. 3 Cir. 2] timely filed this appeal, alleging excessive sentence. The State contends that Defendant is precluded from appealing his sentence as a result of his guilty plea.

ERRORS PATENT

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for errors patent on the face of the record. After reviewing ...


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