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Judgment rendered June 20, 2012. Application for rehearing may be filed within the delay allowed by Art. 922, La. C.Cr.P.
No. 47,220-KA

COURT OF APPEAL
SECOND CIRCUIT
STATE OF LOUISIANA

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STATE OF LOUISIANA Appellee
versus
GILBERT M. TYLER Appellant
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Appealed from the
Fourth Judicial District Court for the
Parish of Ouachita, Louisiana
Trial Court No. 08F0771

Honorable C. Wendell Manning, Judge

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JAMES E. BEAL Counsel for Louisiana Appellate Project Appellant
JERRY L. JONES Counsel for District Attorney Appellee
JOHN M. RUDDICK STEPHEN T. SYLVESTER SHIRLEY M. WILSON DAVIS BRANDON B. BROWN Assistant District Attorneys
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Before BROWN, GASKINS, and MOORE, JJ.
BROWN, CHIEF JUDGE

Defendant, Gilbert M. Tyler, was charged by a bill of information with two counts of attempted first degree murder and a third count of simple burglary.  A jury convicted him of attempted first degree murder and attempted second degree murder.  He was found not guilty on the burglary count. He was sentenced to serve 50-year terms of imprisonment at hard labor on each count. The terms were without benefits and to be served concurrently.  Defendant has appealed his sentences as excessive. We affirm.

Facts
On March 29, 2008, Monroe City Police Officers Jared DeSadier and Stephen Snowberger responded to a domestic disturbance call at the Parkview Apartments in Monroe, Louisiana.  The call had been placed by Catonya Travis who alleged that defendant, her ex-boyfriend, had entered her apartment and taken her keys.
Officers DeSadier and Snowberger arrived in separate patrol units. Officer DeSadier was the first to make contact with the victim and defendant outside of one of the apartment buildings.  The victim pointed to defendant, who was leaning up against an exterior wall of the building, and identified him as the person who had taken her keys.  Officer DeSadier asked defendant if he could speak to him; defendant

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