
    STATE of Louisiana v. David Glenn ODOM.
    No. 90-K-0117.
    Supreme Court of Louisiana.
    April 16, 1990.
   In re Odom, David Glenn; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, First Circuit, No. 89KA 0163; Parish of Washington, 22nd Judicial District Court, Div. “F”, No. 42777.

Prior report: La.App., 554 So.2d 1281.

Granted. Any sentence in excess of the statutory minimum penalty of two years imprisonment is constitutionally excessive for this defendant considering all the mitigating and aggravating circumstances. Accordingly, the sentence is reduced to the minimum penalty, provided by LSA-R.S. 14:106(G)(4), of two years imprisonment without hard labor.

DENNIS, J.,

concurs in this disposition, while expressing that he would prefer to grant the writ to consider the matter in greater depth.

LEMMON and COLE, JJ., dissent.

SHORTESS, J., recused.  