STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
17-48
STATE OF LOUISIANA
VERSUS
BILL ERIC WINTERS
**********
APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. CR 129658 HONORABLE EDWARD D. RUBIN, DISTRICT JUDGE
JOHN E. CONERY JUDGE
Court composed of Shannon J. Gremillion, John E. Conery, and David E. Chatelain, Judges.
AFFIRMED.
*Honorable David E. Chatelain participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore. Annette Roach Louisiana Appellate Project Post Office Box 1747 Lake Charles, Louisiana 70602-1747 (337) 436-2900 COUNSEL FOR DEFENDANT/APPELLANT: Bill Eric Winters
Honorable Keith A. Stutes Lafayette Parish District Attorney – 15th Judicial District Court Allan P. Haney Assistant District Attorney Post Office Box 3306 Lafayette, Louisiana 70502-3306 (337) 232-5170 COUNSEL FOR APPELLEE: State of Louisiana CONERY, Judge.
Defendant, Bill Eric Winters, was convicted of simple burglary, a violation
of La.R.S. 14:62, and originally sentenced to serve seven years at hard labor. State
v. Winters, 11-581, 12-205, 13-303 (La.App. 3 Cir. 7/24/13), 118 So.3d 104, writ
denied, 13-1959 (La. 2/21/14), 133 So.3d 681. Defendant was then adjudicated a
multiple felony offender based on eight prior felony convictions and sentenced to
serve twelve years at hard labor without benefit of parole, probation, or suspension
of sentence. Defendant and the State appealed. This court held Defendant should
have been sentenced under the habitual offender law in accordance with La.R.S.
15:529.1(A)(1)(c)(ii),1 which mandates a life sentence. Defendant’s sentence was
remanded to the trial court for resentencing in accordance with that statute.
On remand, the trial court resentenced Defendant to fourteen years at hard
labor. The trial court also denied Defendant’s motion to reconsider the fourteen-
year sentence. Defendant has now appealed that sentence, arguing the proper
sentence is the original seven-year sentence, or alternatively, the twelve-year
sentence. The State has filed a brief indicating it does not oppose the current
fourteen-year sentence. For the following reasons, we affirm Defendant’s
fourteen-year sentence.
FACTS AND PROCEDURAL HISTORY
Defendant committed simple burglary when he entered Oncologics, Inc. in
Lafayette, Louisiana without authorization on a Sunday morning while the
business was closed. One of the employees testified at trial that “her desk drawer
was open and ‘some Gobstoppers and some special dark chocolate’ were missing
from her desk, and her calendar on her desk had been moved.” Winters, 118 So.3d
1 This was the correct citation for the statute at the time of Defendant’s offense. at 109. An officer testified that he found Gobstopper candy in Defendant’s
possession at the time of his arrest.
ERRORS PATENT
In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for
errors patent on the face of the record. After reviewing the record, we find that
there are no errors patent.
ASSIGNMENT OF ERROR
In his sole assignment of error for this appeal, Defendant argues his
fourteen-year sentence is excessive. In our previous decision in this case, this
court discussed the State’s argument for a mandatory life sentence and agreed that
the statute at issue does provide for a mandatory life sentence under the habitual
offender law as an eighth felony offender. Winters, 118 So.3d 104. However, this
court also noted that the trial court “may deviate from that statutorily mandated
sentence if it determines that a particular sentence (including one mandated by the
Habitual Offender Law) is excessive under Article I, Section 20 of the Louisiana
Constitution.” Id. at 112. This court noted on original appeal that the trial court
had not stated extraordinary circumstances to allow deviation from the mandatory
life sentence.
On remand, the trial court considered Defendant’s “record of non-violent
[sic] offenses[.]” The trial court also noted Defendant “may be a victim of
legislative failure to assign sentences that are meaningful or tailored to the
culpability of the offender, the gravity of the offense[,] and the circumstances of
the case.” Further, the trial court stated that although Defendant “continues to
show some disregard for the law, [he] will not benefit nor will our tax payers
benefit by subjecting him to imprisonment for the remainder of his life without the
2 benefit of parole or suspension of sentence.” Reviewing Defendant’s history, the
trial court noted three of Defendant’s siblings “died prematurely[,]” and an expert
witness had reported Defendant himself “was a victim of molestation . . . when he
was just eight years old, and that [Defendant] began experiencing depression as a
result.” Additionally, at the sentencing hearing on remand, Defendant filed
certificates showing his accomplishments during his incarceration. According to
Defendant, he received a Spiritual Growth Certificate from New Orleans Baptist
Theological Seminary on July 13, 2016; five Certificates of Completion in Life
Prep, Substance Abuse Education, and Living in Balance courses from the
Rayburn Correctional Center from 2014 to 2016; a Certificate of Completion of the
One Year Faith Based Certificate Program from the Providence Learning Center of
the New Orleans Baptist Theological Seminary on July 13, 2016; eight Certificates
of Completion of courses of study of the Christian Growth Study Plan in 2015 and
2016; and a certificate of completion of an anger management program on
November 19, 2013.
After considering all the evidence, the trial court imposed a fourteen-year
hard labor sentence for reasons stated on the record on remand. Importantly, the
State did not appeal the trial court’s fourteen-year hard labor sentence. Although
the State’s brief argues Defendant is not exceptional and the sentence is
unconstitutionally lenient, it “has decided . . . not to appeal this sentence.” We find
the decision by the trial court to deviate from the mandatory life sentence as set
forth in the habitual offender statute in effect at the time, La.R.S.
15:1529.1(A)(1)(c)(ii), and sentence the defendant to fourteen years at hard labor
was based on sufficient evidence and was within his discretion.
3 We recognize that the amount defendant took in this burglary, some small
amount of candy, is miniscule, and that if the sentence was based solely on the
amount stolen, the sentence imposed on remand may be excessive. However, the
elements of the crime of burglary were proven beyond a reasonable doubt.
Considering that Defendant has seven previous felonies, albeit all nonviolent, the
trial court was faced with a decision on remand of whether to impose the
mandatory life sentence, or, finding that unconstitutionally excessive, impose the
longest sentence it felt would be constitutionally permissible.
This court has previously discussed the standard for reviewing excessive
sentence claims in general:
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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT
17-48
STATE OF LOUISIANA
VERSUS
BILL ERIC WINTERS
**********
APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. CR 129658 HONORABLE EDWARD D. RUBIN, DISTRICT JUDGE
JOHN E. CONERY JUDGE
Court composed of Shannon J. Gremillion, John E. Conery, and David E. Chatelain, Judges.
AFFIRMED.
*Honorable David E. Chatelain participated in this decision by appointment of the Louisiana Supreme Court as Judge Pro Tempore. Annette Roach Louisiana Appellate Project Post Office Box 1747 Lake Charles, Louisiana 70602-1747 (337) 436-2900 COUNSEL FOR DEFENDANT/APPELLANT: Bill Eric Winters
Honorable Keith A. Stutes Lafayette Parish District Attorney – 15th Judicial District Court Allan P. Haney Assistant District Attorney Post Office Box 3306 Lafayette, Louisiana 70502-3306 (337) 232-5170 COUNSEL FOR APPELLEE: State of Louisiana CONERY, Judge.
Defendant, Bill Eric Winters, was convicted of simple burglary, a violation
of La.R.S. 14:62, and originally sentenced to serve seven years at hard labor. State
v. Winters, 11-581, 12-205, 13-303 (La.App. 3 Cir. 7/24/13), 118 So.3d 104, writ
denied, 13-1959 (La. 2/21/14), 133 So.3d 681. Defendant was then adjudicated a
multiple felony offender based on eight prior felony convictions and sentenced to
serve twelve years at hard labor without benefit of parole, probation, or suspension
of sentence. Defendant and the State appealed. This court held Defendant should
have been sentenced under the habitual offender law in accordance with La.R.S.
15:529.1(A)(1)(c)(ii),1 which mandates a life sentence. Defendant’s sentence was
remanded to the trial court for resentencing in accordance with that statute.
On remand, the trial court resentenced Defendant to fourteen years at hard
labor. The trial court also denied Defendant’s motion to reconsider the fourteen-
year sentence. Defendant has now appealed that sentence, arguing the proper
sentence is the original seven-year sentence, or alternatively, the twelve-year
sentence. The State has filed a brief indicating it does not oppose the current
fourteen-year sentence. For the following reasons, we affirm Defendant’s
fourteen-year sentence.
FACTS AND PROCEDURAL HISTORY
Defendant committed simple burglary when he entered Oncologics, Inc. in
Lafayette, Louisiana without authorization on a Sunday morning while the
business was closed. One of the employees testified at trial that “her desk drawer
was open and ‘some Gobstoppers and some special dark chocolate’ were missing
from her desk, and her calendar on her desk had been moved.” Winters, 118 So.3d
1 This was the correct citation for the statute at the time of Defendant’s offense. at 109. An officer testified that he found Gobstopper candy in Defendant’s
possession at the time of his arrest.
ERRORS PATENT
In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for
errors patent on the face of the record. After reviewing the record, we find that
there are no errors patent.
ASSIGNMENT OF ERROR
In his sole assignment of error for this appeal, Defendant argues his
fourteen-year sentence is excessive. In our previous decision in this case, this
court discussed the State’s argument for a mandatory life sentence and agreed that
the statute at issue does provide for a mandatory life sentence under the habitual
offender law as an eighth felony offender. Winters, 118 So.3d 104. However, this
court also noted that the trial court “may deviate from that statutorily mandated
sentence if it determines that a particular sentence (including one mandated by the
Habitual Offender Law) is excessive under Article I, Section 20 of the Louisiana
Constitution.” Id. at 112. This court noted on original appeal that the trial court
had not stated extraordinary circumstances to allow deviation from the mandatory
life sentence.
On remand, the trial court considered Defendant’s “record of non-violent
[sic] offenses[.]” The trial court also noted Defendant “may be a victim of
legislative failure to assign sentences that are meaningful or tailored to the
culpability of the offender, the gravity of the offense[,] and the circumstances of
the case.” Further, the trial court stated that although Defendant “continues to
show some disregard for the law, [he] will not benefit nor will our tax payers
benefit by subjecting him to imprisonment for the remainder of his life without the
2 benefit of parole or suspension of sentence.” Reviewing Defendant’s history, the
trial court noted three of Defendant’s siblings “died prematurely[,]” and an expert
witness had reported Defendant himself “was a victim of molestation . . . when he
was just eight years old, and that [Defendant] began experiencing depression as a
result.” Additionally, at the sentencing hearing on remand, Defendant filed
certificates showing his accomplishments during his incarceration. According to
Defendant, he received a Spiritual Growth Certificate from New Orleans Baptist
Theological Seminary on July 13, 2016; five Certificates of Completion in Life
Prep, Substance Abuse Education, and Living in Balance courses from the
Rayburn Correctional Center from 2014 to 2016; a Certificate of Completion of the
One Year Faith Based Certificate Program from the Providence Learning Center of
the New Orleans Baptist Theological Seminary on July 13, 2016; eight Certificates
of Completion of courses of study of the Christian Growth Study Plan in 2015 and
2016; and a certificate of completion of an anger management program on
November 19, 2013.
After considering all the evidence, the trial court imposed a fourteen-year
hard labor sentence for reasons stated on the record on remand. Importantly, the
State did not appeal the trial court’s fourteen-year hard labor sentence. Although
the State’s brief argues Defendant is not exceptional and the sentence is
unconstitutionally lenient, it “has decided . . . not to appeal this sentence.” We find
the decision by the trial court to deviate from the mandatory life sentence as set
forth in the habitual offender statute in effect at the time, La.R.S.
15:1529.1(A)(1)(c)(ii), and sentence the defendant to fourteen years at hard labor
was based on sufficient evidence and was within his discretion.
3 We recognize that the amount defendant took in this burglary, some small
amount of candy, is miniscule, and that if the sentence was based solely on the
amount stolen, the sentence imposed on remand may be excessive. However, the
elements of the crime of burglary were proven beyond a reasonable doubt.
Considering that Defendant has seven previous felonies, albeit all nonviolent, the
trial court was faced with a decision on remand of whether to impose the
mandatory life sentence, or, finding that unconstitutionally excessive, impose the
longest sentence it felt would be constitutionally permissible.
This court has previously discussed the standard for reviewing excessive
sentence claims in general:
[Louisiana Constitution Article] I, § 20 guarantees that, “[n]o law shall subject any person to cruel or unusual punishment.” To constitute an excessive sentence, the reviewing court must find the penalty so grossly disproportionate to the severity of the crime as to shock our sense of justice or that the sentence makes no measurable contribution to acceptable penal goals and is, therefore, nothing more than a needless imposition of pain and suffering. The trial court has wide discretion in the imposition of sentence within the statutory limits and such sentence shall not be set aside as excessive absent a manifest abuse of discretion. The relevant question is whether the trial court abused its broad sentencing discretion, not whether another sentence might have been more appropriate.
State v. Barling, 00-1241, 00-1591, p. 12 (La.App. 3 Cir. 1/31/01), 779 So.2d
1035, 1042, writ denied, 01-838 (La. 2/1/02), 808 So.2d 331 (second alteration in
original) (citations omitted).
Even though a penalty falls within the statutory sentencing range, it may still
be unconstitutionally excessive:
In deciding whether a sentence is shocking or makes no meaningful contribution to acceptable penal goals, an appellate court may consider several factors including the nature of the offense, the circumstances of the offender, the legislative purpose behind the punishment and a comparison of the sentences imposed for similar crimes. State v. Smith, 99-0606 (La.7/6/00); 766 So.2d 501. While a
4 comparison of sentences imposed for similar crimes may provide some insight, “it is well settled that sentences must be individualized to the particular offender and to the particular offense committed.” State v. Batiste, 594 So.2d 1[, 3] (La.App. 1 Cir.1991). Additionally, it is within the purview of the trial court to particularize the sentence because the trial judge “remains in the best position to assess the aggravating and mitigating circumstances presented by each case.” State v. Cook, 95-2784[, p. 2] (La.5/31/96); 674 So.2d 957, 958.
State v. Smith, 02-719, p. 4 (La.App. 3 Cir. 2/12/03), 846 So.2d 786, 789, writ
denied, 03-562 (La. 5/30/03), 845 So.2d 1061.
Although a trial court should give great deference to a statutory sentence, it
may:
[D]eclare a sentence excessive under Article I, Section 20 of the Louisiana Constitution, although it falls within the statutory limits provided by the Legislature. State v. Sepulvado, 367 So.2d 762, 767 (La.1979). In State v. Dorthey, [623 So.2d 1276 (La.1993)], this Court recognized that this power extends to the minimum sentences mandated by the Habitual Offender Law. Id. at 1280-81. However, this power should be exercised only when the court is clearly and firmly convinced that the minimum sentence is excessive.
State v. Johnson, 97-1906, p. 6 (La. 3/4/98), 709 So.2d 672, 676. The trial court
may only depart from the statutory minimum “if it finds that there is clear and
convincing evidence” to rebut a “presumption of constitutionality.” Id. The
nonviolent nature of a defendant’s criminal history by itself does not rebut that
presumption. In order for a defendant to rebut the presumption:
[T]he defendant must clearly and convincingly show that:
[he] is exceptional, which in this context means that because of unusual circumstances this defendant is a victim of the legislature’s failure to assign sentences that are meaningfully tailored to the culpability of the offender, the gravity of the offense, and the circumstances of the case.
5 Id. (quoting State v. Young, 94-1636, pp. 5-6 (La.App. 4 Cir. 10/26/95), 663 So.2d
525, 531, writ denied, 95-3010 (La. 3/22/96), 669 So.2d 1223 (Plotkin, J.,
concurring) (second alteration in original)).
Further, “the trial judge must also keep in mind the goals of the Habitual
Offender Law. . . . to deter and punish recidivism.” Id. at 677. Once the trial court
determines a sentence is excessive, it “must sentence the defendant to the longest
sentence which is not constitutionally excessive. . . . [and] articulate specific
reasons why the sentence he imposes instead of the statutory mandatory minimum
is the longest sentence which is not excessive under the Louisiana Constitution.”
Id. In Johnson, the court determined that the defendant did not bear his burden of
proving by clear and convincing evidence that his sentence was excessive, and it
remanded the matter for resentencing to the statutorily-mandated term.
Defendant is now fifty-seven years of age. On remand, the trial judge
considered all of Defendant’s personal circumstances, his lifelong addiction
problems, his criminal history, and the lack of personal and public benefit from his
possible life imprisonment when he sentenced Defendant to fourteen years at hard
labor. The maximum sentence for simple burglary alone, without any
enhancement for being a multiple offender, is twelve years. La.R.S. 14:62(B). An
additional two years was imposed for the purpose of punishing recidivism.
Considering Defendant’s seven previous nonviolent felony offenses, the fourteen-
year hard labor sentence in this case does not meet the criteria for cruel and
unusual punishment, particularly when considering that La.R.S.
15:529.1(A)(1)(c)(ii) calls for a life sentence. We find that the sentence imposed
was within the trial courts vast discretion and we affirm Defendant’s fourteen-year
hard labor sentence imposed on remand.
6 DISPOSITION
We find no error in the trial court’s imposition of a fourteen-year hard labor
sentence for Defendant. Therefore, Defendant’s sentence is affirmed.