State v. Ashworth

505 So. 2d 260
CourtLouisiana Court of Appeal
DecidedApril 8, 1987
DocketCR87-44
StatusPublished
Cited by11 cases

This text of 505 So. 2d 260 (State v. Ashworth) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ashworth, 505 So. 2d 260 (La. Ct. App. 1987).

Opinion

505 So.2d 260 (1987)

STATE of Louisiana, Plaintiff-Appellee,
v.
Geraldine ASHWORTH, Defendant-Appellant.

No. CR87-44.

Court of Appeal of Louisiana, Third Circuit.

April 8, 1987.
Writ Denied June 12, 1987.

*261 Richard A. Morton, DeRidder, for defendant-appellant.

William C. Pegues, Dist. Atty., DeRidder, for plaintiff-appellee.

Before FORET, DOUCET and KNOLL, JJ.

KNOLL, Judge.

Defendant, Geraldine Ashworth, was charged with five counts of forgery. Pursuant to a plea bargain, the State reduced the forgery charges to one count of middle grade theft, i.e., theft of property having a value greater than $100 but less than $500, a violation of LSA-R.S. 14:67. The sentencing court imposed the maximum sentence of 2 years at hard labor. Defendant appeals, contending the trial court erred: (1) by imposing the maximum sentence which is excessive and amounts to cruel and unusual punishment; and, (2) in failing to comply with the sentencing guidelines provided by LSA-C.Cr.P. Art. 894.1. We affirm.

The facts which gave rise to the forgery charges occurred between March 23, 1986, and May 5, 1986. During this period of time defendant signed her daughter's name to checks drawn on her daughter's account with City Savings Bank & Trust Co. of DeRidder. The checks were made payable to various area merchants and were returned by the bank because of insufficient funds.

Defendant contends the sentencing court did not properly consider the sentencing guidelines and imposed a constitutionally excessive sentence.

LSA-C.Cr.P. Art. 894.1 provides criteria to follow in imposing sentence and mandates that the trial court state for the record the considerations taken into account and the factual basis for its conclusions in imposing sentence to insure that each sentence is individualized to the offender and the offense. State v. McDonald, 414 So.2d 735 (La.1982). Even though the sentencing court need not articulate every aggravating and mitigating circumstance *262 contained in Article 894.1, the record must reflect that adequate consideration was given to these guidelines in particularizing defendant's sentence. State v. Smith, 433 So.2d 688 (La.1983).

Article I, Section 20 of the Louisiana Constitution prohibits the imposition by law of excessive punishment. For a sentence to be excessive, the penalty must be so disproportionate to the crime committed, in light of the harm caused to society, as to shock our sense of justice. State v. Campbell, 404 So.2d 1205 (La.1981); State v. Bonanno, 384 So.2d 355 (La.1980). The sentencing court is given wide discretion in the imposition of sentences within statutory limits, and the sentence should not be set aside as excessive in the absence of a manifest abuse of the sentencing court's discretion. State v. Abercrumbia, 412 So.2d 1027 (La.1982).

The maximum sentence for theft of property having a value of $100 but less than $500 is two years, with or without hard labor, and a $2000 fine. Defendant's sentence falls within the statutory limits. However, even a sentence which falls within the statutory limits may violate defendant's right against excessive punishment. State v. Cottingin, 496 So.2d 1379 (La.App. 3rd Cir.1986). The sentencing court's reasons for imposition of sentence are an important aid when we review a sentence for excessiveness. State v. Bourgeois, 406 So.2d 550 (La.1981). As an additional factor, any plea bargain should be considered in determining whether a sentence is excessive. State v. Smack, 425 So.2d 737 (La.1983).

In brief, defendant argues:

"To require defendant to serve two (2) years in prison, over and above the six (6) months confinement previously ordered as a result of the misdemeanor worthless check charges, is pointless and needless imposition of pain and suffering upon the appellant and her family and which would serve no legitimate social or personal purpose."

Therefore, the basis for defendant's contention of excessiveness of sentence stems from defendant's six months sentence in the parish jail. Defendant has an extensive history of worthless check writing and forgery offenses. The record shows that she had a previous conviction for forgery and received a 5 year sentence sometime during the 1970's. When defendant was sentenced for the middle grade theft offense, she was also sentenced (the 6 months parish jail sentence) for a separate offense of a worthless check. The record shows that defendant pleaded guilty to the following offenses:

1. April 17, 1986—2 counts of misdemeanor worthless checks; sentenced to 91 days in jail, suspended, placed on probation and ordered to make restitution. NOTA BENE: the following day, April 18, 1986, defendant forged the first check that constituted one of the counts of forgery against her.
2. July 23, 1986—9 counts of misdemeanor worthless checks;
3. September 11, 1986—1 count of misdemeanor worthless check; the State dismissed the second count; and,
4. October 16, 1986—1 count of middle grade theft; State dismissed 5 counts of forgery.

The sentencing court gave thorough and conscientious reasons for sentence. Because defendant received the maximum sentence, we find it appropriate to recite its reasons herein, with which we are in accord:

"BY THE COURT:
All right, Geraldine Ashworth. All right, we're dealing with cases entitled State of Louisiana versus Geraldine Ashworth, and Ms. Ashworth is here to be sentenced on several charges.
First of all in some Misdemeanor Worthless Check cases that are numbered CR-146 through 149-86, and again in Number CR-310-86, a Misdemeanor Worthless Check charge, and in CR-306-86, which is a Mid-Grade Felony Theft.
Ms. Ashworth is accompanied here this afternoon by Mr. Richard Morton, her Court-appointed attorney.
*263 Ms. Ashworth, on July the 23rd, 1986, you were here in Court and you entered a plea of guilty to nine counts of Misdemeanor Checks. I believe there were four bills of information, but one of the bills covered five counts, and another bill covered two counts, and then there were two other bills that had one count each. So there were nine Misdemeanor Checks and you pled guilty to those.
And I postponed sentencing at that time thinking that I would only wait a short time before imposing sentence, but because of reasons which I'll mention in a few minutes, I did not sentence you as quickly as I had anticipated. Then on September the 11th, 1986 in Number CR-310-86, you entered a plea of guilty to a charge of Misdemeanor Worthless Check. There were actually two bills, and the second one, CR-311-86, was dismissed in the plea agreement.
And then finally on October the 16th, 1986, you appeared here and in a plea agreement with the District Attorney's Office, you entered a plea of guilty to a charge of Middle Grade Theft, which is a felony. You actually were charged in that case with five counts of Forgery, which are felony offenses, but in this plea agreement it was—the bill was amended to charge you with a theft of an amount between one hundred and five hundred dollars.
And so you are here for sentencing on those various charges that I've gone over.

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Bluebook (online)
505 So. 2d 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ashworth-lactapp-1987.