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State v. Rexrode

Court of Appeals of Louisiana, Third Circuit

November 15, 2017

STATE OF LOUISIANA
v.
RICKY ALLEN REXRODE

         APPEAL FROM THE THIRTIETH JUDICIAL DISTRICT COURT PARISH OF VERNON, NO. 89832/89833 HONORABLE SCOTT WESTERCHIL, DISTRICT JUDGE

          Asa Allen Skinner District Attorney - 30th Judicial District Terry Wayne Lambright First Assistant District Attorney Drew W. Mason Assistant District Attorney COUNSEL FOR: Plaintiff/Appellee - State of Louisiana

          Chad M. Ikerd Louisiana Appellate Project COUNSEL FOR: Defendant/Appellant - Ricky Allen Rexrode

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and Shannon J. Gremillion, Judges.

          ULYSSES GENE THIBODEAUX CHIEF JUDGE

         Defendant Ricky Allen Rexrode is a second felony offender who pled guilty to the charge of possession of CDS II (methamphetamine) and to the charge of possession of drug paraphernalia. As part of a plea bargain, the State dismissed one count of possession of CDS II (hydrocodone), one count of possession of a legend drug without a prescription (tizanidine hydrochloride), and one count of speeding (35 mph in a 25 mph zone). Mr. Rexrode was sentenced to three years with credit for time served. His motion to reconsider his sentence alleging excessiveness and abuse of discretion was denied. He now asserts excessiveness of his sentence on appeal. We affirm.

         I.

         ISSUES

         We shall consider whether Defendant's three-year sentence for possession of CDS II (methamphetamine) is excessive.

         II.

         FACTS AND PROCEDURAL HISTORY

         Mr. Rexrode was stopped for speeding. Mr. Rexrode was driving 36 mph in a 25 mph zone. He granted permission to search his vehicle. The automobile search revealed some pills. A subsequent search of Mr. Rexrode revealed that he had a crystal substance in his right front pocket. The substance was later sent to the crime lab and identified as methamphetamine. Additionally, the officer found a copper and orange smoking device.

          Mr. Rexrode was charged by two separate bills of information. Trial court docket number 89832 charged Mr. Rexrode with three felonies: one count of possession of CDS II (hydrocodone), in violation of La.R.S. 40:967(C)(2); one count of possession of CDS II (methamphetamine), in violation of La.R.S. 40:967(C)(2); and one count of possession of a legend drug without a prescription (tizandine hydrochloride), in violation of La.R.S. 40:1060.13. The bill in trial court docket number 89833 charged Mr. Rexrode with two misdemeanors: one count of possession of drug paraphernalia, in violation of La.R.S. 40:1023(C), and one count of speeding (35 mph in a 25 mph zone), in violation of La.R.S. 32:64.

         Mr. Rexrode entered a guilty plea to the charge of possession of CDS II (methamphetamine) and to the charge of possession of drug paraphernalia. The remaining ...


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