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State v. Robinson

Court of Appeals of Louisiana, Second Circuit

May 20, 2015

STATE OF LOUISIANA, Appellee
v.
DELANCIO ROBINSON, Appellant

Appealed from the Twenty-Sixth Judicial District Court for the Parish of Webster, Louisiana. Trial Court Nos. 88085 & 88086. Honorable Jeffrey S. Cox, Judge.

ANNETTE F. ROACH, Counsel for Appellant.

J. SCHUYLER MARVIN, District Attorney, JOHN M. LAWRENCE, MARCUS R. PATILLO, Assistant District Attorneys, Counsel for Appellee.

Before WILLIAMS, CARAWAY and LOLLEY, JJ.

OPINION

Page 404

[49-825 La.App. 2 Cir 1] WILLIAMS, J.

In these consolidated cases, the defendant, Delancio Robinson, pled guilty to one count of simple burglary, a violation of LSA-R.S. 14:62, and one count of possession of marijuana with intent to distribute, a violation of LSA-R. S. 40:966. Defendant was sentenced to serve 10 years at hard labor for the simple burglary conviction and 20 years at hard labor for the possession of marijuana with intent to distribute conviction, with the sentences to be served concurrently. The defendant appeals his sentences as excessive. For the following reasons, we affirm.

FACTS

The record shows that in July 2013, defendant broke into a Minden grocery store and stole lottery tickets, several packages of cigars, numerous cartons of cigarettes and approximately $150 in cash. Then, in August 2013, police executed an arrest warrant at a residence and found defendant in possession of a box containing marijuana. In separate bills of information, defendant was charged with simple burglary (docket no. 88,085) and with possession of a firearm by a convicted felon, possession of a firearm while in possession of a controlled dangerous substance, and possession of a Schedule I controlled dangerous substance (marijuana) with the intent to distribute (docket no. 88,086).

Pursuant to a plea agreement with the state, defendant pled guilty to simple burglary and possession of marijuana with intent to distribute. In exchange for his guilty pleas, the state agreed to: (1) dismiss the remaining two charges against

Page 405

the defendant; (2) allow the sentences to run concurrently; and (3) refrain from charging the defendant as a multiple [49-825 La.App. 2 Cir 2] offender. The district court sentenced the defendant to serve 10 years at hard labor for the offense of simple burglary and 20 years at hard labor for the offense of possession of marijuana with intent to distribute. The court ordered the sentences to run concurrently. The defendant's motions to reconsider his sentences were denied and this appeal followed.

DISCUSSION

The defendant contends the district court erred in imposing excessive sentences. Defendant argues that these nonviolent offenses do not warrant the " ...


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