State v. Bordelon

48 So. 3d 1186, 10 La.App. 3 Cir. 252, 2010 La. App. LEXIS 1348, 2010 WL 3894012
Procedural entryThis page is a short order in State v. Bordelon. Read the opinion of the Court — 9 La.App. 3 Cir. 1245
Louisiana Court of Appeal·Decided October 6, 2010·No. No. 10-252·Published

Opinion

THIBODEAUX, Chief Judge.

| defendant, Roch Michael Bordelon, was convicted by a jury of the responsive verdict of simple battery after being charged initially with second degree battery. He was a first offender and was sentenced to the maximum time of six [1188]*1188months in jail, with credit for eighty-two (82) days spent in jail or inpatient treatment.

He appeals his conviction and sentence. He argues his conviction should be reversed because he was not given a list of the State’s witnesses prior to trial. He asserts his sentence is excessive. For the following reasons, we affirm Defendant’s conviction but vacate his sentence as excessive and remand to the trial court for resentencing.

I.

ISSUES

We shall consider whether:

(1) the trial court committed legal error when it imposed a maximum sentence for the simple battery conviction — six months imprisonment.
(2) the trial court committed legal error by refusing to order the state to provide the defense with formal discovery responses.

II.

FACTS

Defendant was the girls’ basketball coach at Marksville High School (“Marks-ville”) at the time of this incident. On Sunday, January 25, 2009, Marksville’s principal, Stephen Allgood, was notified that Defendant was upset at the girls’ basketball practice. Allgood then contacted the Avoyelles Parish school superintendent about Defendant. The superintendent told Allgood not to allow |2Pefendant to return to class until Allgood had interviewed him. Once that interview was complete, Allgood was to send Defendant to the superintendent.

When Allgood arrived at school on Monday, January 26, four parents were waiting to speak to him about Defendant’s behavior at the practice. Defendant was not at school at the time, and he had not called in to say he would be absent or late. Allgood and another teacher, Chris Dupuy, went to Defendant’s home around 10:00 a.m. and found the door of Defendant’s home open. Defendant appeared very agitated but allowed them to enter the home.

Defendant told Dupuy and Allgood he wanted to pick up medication at a pharmacy and to go to church and light a candle. The three left Defendant’s home and went to the church, where Defendant became more calm. Dupuy contacted Defendant’s father and asked him to meet them at the church. When Defendant saw his father, he again became quite agitated and screamed at his father.

After Defendant calmed down, he told Dupuy and Allgood he had to be at basketball practice that afternoon. When All-good suggested Defendant should not go to the school that day, Defendant again became very agitated, saying “don’t take my girls from me.” Defendant cursed at Allgood and then left.

Allgood and Dupuy returned to the school, where Allgood again called the superintendent. Shortly thereafter, Defendant burst into Allgood’s office, claiming his girls were in the hallway crying. Defendant then left, slamming the door. All-good followed him, calling him to stop and talk. Allgood believed Defendant intended to go to practice, although Defendant never walked directly toward a door leading to the gymnasium. He told Defendant he felt he should not be at the school. He wanted to talk with Defendant so that he “could fulfill the directive that [he] had received from [his] superior” and talk about the incident of the prior evening. IsAllgood had already told the superintendent that he intended to recommend Defendant’s termination.

Allgood and Defendant exchanged words, and Allgood eventually told Defen[1189]*1189dant he was fired. A fight ensued between the two. It is questionable as to who instigated the fight, but Allgood experienced the majority of the injuries. Eventually, the fight concluded. One witness testified that Allgood told Defendant, “you’re done” and “you’re over.” Defendant went to his car following the fight.

Allgood testified he was in “very severe pain” upon his arrival at the hospital, although hospital records showed his pain level as “mild.” Since this incident, All-good testified that he has had back pain and “a real loud ringing in [his] left ear.” Moreover, Allgood now wears a mouth splint.

Medical records from the Avoyelles Hospital on the date of the incident indicate that the doctors found no evidence of fracture or alignment abnormalities in All-good’s ribs or spine.

III.

ERRORS PATENT

We find one error patent. The record does not indicate that the trial court advised Defendant of the prescriptive period for filing post-conviction relief as required by La.Code Crim.P. art. 930.8. Thus, the trial court is directed to inform Defendant of the provisions of Article 930.8 by sending appropriate written notice to Defendant within thirty days of the rendition of this opinion, and to file written proof that Defendant received the notice in the record of the proceedings. State v. Roe, 05-116 (La.App. 3 Cir. 6/1/05), 903 So.2d 1265, writ denied, 05-1762 (La.2/10/06), 924 So.2d 163.

JiJV.

LAW AND DISCUSSION

(A) EXCESSIVENESS OF SENTENCE

Defendant alleges he received an excessive sentence. This court has set out a standard to be used in reviewing excessive sentence claims:

La. Const, art. 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. State v. Campbell, 404 So.2d 1205 (La.1981). 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. State v. Etienne, 99-192 (La.App. 3 Cir. 10/13/99); 746 So.2d 124, writ denied, 00-0165 (La.6/30/00); 765 So.2d 1067. The relevant question is whether the trial court abused its broad sentencing discretion, not whether another sentence might have been more appropriate. State v. Cook, 95-2784 (La.5/31/96); 674 So.2d 957, cert. denied, 519 U.S. 1043, 117 S.Ct. 615, 136 L.Ed.2d 539 (1996).

State v. Barling, 00-1241, 00-1591, p. 12 (La.App. 3 Cir. 1/31/01), 779 So.2d 1035, 1042-43, writ denied, 01-838 (La.2/1/02), 808 So.2d 331.

To decide whether a sentence shocks the sense of justice or makes no meaningful contribution to acceptable penal goals, this court has held:

[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. [1190]*1190State v. Smith, 99-0606 (La.7/6/00), 766 So.2d 501. While a 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 (La.App. 1 Cir.1991).

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Bordelon, 48 So. 3d 1186, 10 La.App. 3 Cir. 252, 2010 La. App. LEXIS 1348, 2010 WL 3894012 (La. Ct. App. 2010).

48 So. 3d 1186 (State v. Bordelon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Barling
779 So. 2d 1035 (Louisiana Court of Appeal, 2001)
State v. Weathersby
29 So. 3d 499 (Supreme Court of Louisiana, 2010)
State v. Cook
674 So. 2d 957 (Supreme Court of Louisiana, 1996)
State v. Hall
796 So. 2d 164 (Louisiana Court of Appeal, 2001)
State v. Roe
903 So. 2d 1265 (Louisiana Court of Appeal, 2005)
State v. Smith
766 So. 2d 501 (Supreme Court of Louisiana, 2000)
State v. Smith
846 So. 2d 786 (Louisiana Court of Appeal, 2003)
State v. Etienne
746 So. 2d 124 (Louisiana Court of Appeal, 1999)
State v. Walters
408 So. 2d 1337 (Supreme Court of Louisiana, 1982)
State v. Batiste
594 So. 2d 1 (Louisiana Court of Appeal, 1991)
State v. Campbell
404 So. 2d 1205 (Supreme Court of Louisiana, 1981)