State v. Augustine

Louisiana Court of Appeal

State v. Augustine

526 So. 2d 442, 1988 La. App. LEXIS 1051, 1988 WL 46363

CourtLouisiana Court of Appeal

DecidedMay 12, 1988

DocketNo. KA-9263

StatusPublished

Cited by1 cases

This text of 526 So. 2d 442 (State v. Augustine) 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. Augustine, 526 So. 2d 442, 1988 La. App. LEXIS 1051, 1988 WL 46363 (La. Ct. App. 1988).

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Opinion

PRESTON H. HUFFT, Judge Pro Tem.

The defendant, Michael Augustine, was charged by bill of information with armed robbery, a violation of LSA-R.S. 14:64. A jury found the defendant guilty of attempted armed robbery, a violation of LSA-R.S. 14:27 and 14:64. The defendant was originally sentenced to forty-nine and one-half years in the custody of the Louisiana Department of Corrections without benefit of parole, probation or suspension of sentence. His conviction and sentence were affirmed by this Court in State v. Augustine, 482 So.2d 150 (La.App. 4th Cir.1986). [443]*443The facts of this case are thoroughly detailed in that opinion.

Subsequently, on March 18, 1986, the State filed a multiple bill against the defendant. After being adjudged a multiple offender, the defendant’s original sentence was vacated and he was resentenced to ninety-nine years at hard labor. The defendant now appeals his enhanced sentence.

On appeal, the defendant argues that his enhanced sentence is excessive. Defendant received the maximum sentence allowable for someone convicted of attempted armed robbery and found to be a second offender. However, the record in this case established that the victim in this case was violently knocked to the ground during the attack and threatened with a knife. During the original sentencing, the trial judge noted the total lack of provocation on the victim’s part and the extensive criminal record of the defendant including at least forty arrests and several convictions. In the trial judge’s opinion, these factors indicated that the defendant is “an incorrigible menace to the citizens of this community” and is “in need of a substantial period of correctional treatment in a custodial environment.”

Considering the violent nature of this crime and the defendant’s extensive criminal background, we find that the record in this case supports the maximum enhanced sentence of ninety-nine years in the custody of the Louisiana Department of Corrections without benefit of parole, probation or suspension of sentence given to the defendant. Therefore, defendant’s enhanced sentence is affirmed.

AFFIRMED.

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PRESTON H. HUFFT, Judge Pro Tem.

The defendant, Michael Augustine, was charged by bill of information with armed robbery, a violation of LSA-R.S. 14:64. A jury found the defendant guilty of attempted armed robbery, a violation of LSA-R.S. 14:27 and 14:64. The defendant was originally sentenced to forty-nine and one-half years in the custody of the Louisiana Department of Corrections without benefit of parole, probation or suspension of sentence. His conviction and sentence were affirmed by this Court in State v. Augustine, 482 So.2d 150 (La.App. 4th Cir.1986). [443]*443The facts of this case are thoroughly detailed in that opinion.

Subsequently, on March 18, 1986, the State filed a multiple bill against the defendant. After being adjudged a multiple offender, the defendant’s original sentence was vacated and he was resentenced to ninety-nine years at hard labor. The defendant now appeals his enhanced sentence.

On appeal, the defendant argues that his enhanced sentence is excessive. Defendant received the maximum sentence allowable for someone convicted of attempted armed robbery and found to be a second offender. However, the record in this case established that the victim in this case was violently knocked to the ground during the attack and threatened with a knife. During the original sentencing, the trial judge noted the total lack of provocation on the victim’s part and the extensive criminal record of the defendant including at least forty arrests and several convictions. In the trial judge’s opinion, these factors indicated that the defendant is “an incorrigible menace to the citizens of this community” and is “in need of a substantial period of correctional treatment in a custodial environment.”

Considering the violent nature of this crime and the defendant’s extensive criminal background, we find that the record in this case supports the maximum enhanced sentence of ninety-nine years in the custody of the Louisiana Department of Corrections without benefit of parole, probation or suspension of sentence given to the defendant. Therefore, defendant’s enhanced sentence is affirmed.

AFFIRMED.

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Bluebook (online)

526 So. 2d 442, 1988 La. App. LEXIS 1051, 1988 WL 46363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-augustine-lactapp-1988.

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