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STATE OF LOUISIANA v. JOHNNY RAY FLOWERS.

Granted. Defendant's sentences are vacated and this case is remanded to the trial court for resentencing. Consecutive sentences totalling 30 years at hard labor imposed on a first felony offender with family dependents for distribution of relatively small amounts of cocaine to the same undercover agent approximately one month apart are excessive. State v. Gordon, 444 So.2d 1188 (La. 1984.) The sentencing guidelines in La.C.Cr.P. art. 894.1(B) provide that the trial judge "shall accord weight" to not only those circumstances militating for incarceration but also any mitigating factors. State v. Duncan, 420 So.2d 1105 (La. 1982); State v. Franks, 373 So.2d 1307 (La. 1979).

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STATE v. FLOWERS
(Apr 20, 1990)