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Benford v. State

The defendant's sentence of 30 years with a minimum of 12 years to serve on his guilty plea to cocaine trafficking was within statutory limitations, was not excessive and did not constitute cruel and unusual punishment.

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Larry James Benford, pro se, filed this appeal from the trial court’s denial of his “Motion for Sentence Modification/Reduction.” Finding no merit to Benford’s arguments on appeal, we affirm.

On or around April 6, 2009, Benford was arrested and charged with possession of powder cocaine with intent to distribute. Benford was on probation on another charge of trafficking in cocaine at the time of his arrest. Benford initially entered a plea of not guilty in this case, but he withdrew that plea and entered a plea of guilty. The trial judge accepted Benford’s plea on November 4, 2010, and held a sentencing hearing on January 6, 2011. The State requested that Benford be sentenced to 30 years, to serve a minimum of 12, with a cap of 15 years of jail time. Benford requested that he be sentenced to thirty years, with five to serve, and he presented testimony from a long-time friend and from a co-worker in support of his request for reduced jail time. After considering this testimony, the trial court sentenced Benford to 30 years, with 15 to serve, based on Benford’s past criminal history and the seriousness of the charge.

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