State v. Boyette

768 So. 2d 658, 2000 La. App. LEXIS 2186, 2000 WL 1407041
CourtLouisiana Court of Appeal
DecidedSeptember 27, 2000
DocketNos. 33,714-KA to 33,716-KA
StatusPublished

This text of 768 So. 2d 658 (State v. Boyette) 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. Boyette, 768 So. 2d 658, 2000 La. App. LEXIS 2186, 2000 WL 1407041 (La. Ct. App. 2000).

Opinion

LKOSTELKA, J.

In agreement for the dismissal of two counts of first degree murder, James Charles Boyette (“Boyette”) pled guilty to accessory after the fact to first degree murder, armed robbery and distribution of cocaine. He was thereafter sentenced to concurrent sentences of five years at hard labor, sixty years at hard labor without benefit of parole, probation or suspension of sentence, and fifteen years at hard labor on the respective convictions. He appeals the sixty-year armed robbery sentence as excessive and urges error in the trial court’s denial of his motion to withdraw his guilty pleas. We affirm.

[660]*660Facts

Boyette was originally charged with two counts of first degree murder in the deaths of Donald Ray Kendrix and Lee A. Bolton. On the second day of the murder trial, Boyette entered into a plea bargain agreement with the state. Under the terms of the agreement, both charges of first degree murder were dropped and Boyette was allowed to plead guilty to new charges of accessory after the fact to first degree murder, the armed robbery of Lee A. Bolton, and distribution of cocaine. As part of the plea bargain agreement, Boyette agreed to testify truthfully in the investigation and prosecution of a co-defendant for two counts of first degree murder. The state agreed to recommend a forty-year cap on the sentencing, and that all sentences run concurrent. Boyette also admitted to a pending probation violation. The trial court agreed to accept all of the conditions of the plea bargain agreement, except the proposed sentence cap which it considered as a recommendation only.

On January 5, 1999, Boyette, represented by different counsel than the one who represented him at the plea, filed a motion to withdraw his pleas of guilty. After hearings and testimony regarding the vol-untariness of the pleas, the motion to withdraw the guilty pleas was denied on August 17,1999.

|?On October 28, 1999, Boyette was sentenced on the three pled offenses. Additionally, his probation was revoked and the original sentence was reinstated to run concurrent with any other sentences.

A timely motion to reconsider sentence was filed on October 29, 1999. After denial of the motion, Boyette now appeals, complaining of the denial of his motion to withdraw his guilty pleas and the imposition of the sixty-year sentence without benefits for the armed robbery conviction.

Discussion

Excessive Sentence

Boyette’s sole complaint under assignments of error numbers one and two is the excessiveness of his sixty-year sentence. .Specifically, he argues that the trial court substantially exceeded the recommended sentence cap without justification and that some of the factors determined to be aggravating should not have been so considered. Boyette complains that very little was noted at sentencing regarding his pri- or criminal history or the state’s benefit-ting from the plea bargain agreement. He also asserts that no mention was made of the fact that he was a youthful offender who had only a ninth-grade education and had expressed remorse for what occurred.

The test imposed by the reviewing court in determining the excessiveness of a sentence is two-pronged. First, the record must show that the trial court took cognizance of the criteria set forth in La. C.Cr.P. art. 894.1. The trial judge is not required to list every aggravating or mitigating circumstance so long as the record reflects that he adequately considered the guidelines of the article. State v. Bradford, 29,519 (La.App.2d Cir.04/02/97), 691 So.2d 864. The articulation of the factual basis for a sentence is the goal of La. C.Cr.P. art. 894.1, not rigid or mechanical compliance with its provisions. Where the record clearly shows an adequate factual basis for the sentence imposed, remand is unnecessary even |awhere there has not been full compliance with La.C.Cr.P. art. 894.1. State v. Lanclos, 419 So.2d 475 (La.1982). The important elements which should be considered are the defendant’s personal history (age, family ties, marital status, health, employment record), prior criminal record, seriousness of offense and the likelihood of rehabilitation. State v. Jones, 398 So.2d 1049 (La.1981); Bradford, supra.

Whether or not the sentence imposed is too severe depends on the circumstances of the case and the background of the defendant. A sentence violates La. Const, art. 1, § 20, if it is grossly out of proportion to the seriousness of the offense or nothing more than a purposeless [661]*661and needless infliction of pain and suffering. State v. Dorthey, 623 So.2d 1276 (La.1993); State v. Bonanno, 384 So.2d 365 (La.1980). A sentence is considered grossly disproportionate if, when the crime and punishment are viewed in light of the harm done to society, it shocks the sense of justice. State v. Hogan, 480 So.2d 288 (La.1985).

There is no requirement that specific matters be given any particular weight. State v. Dunn, 30,767 (La.App.2d Cir.06/24/98), 715 So.2d 641.

Where a defendant has pled guilty to an offense which does not adequately describe his conduct, benefit received by plea bargain agreement and the attendant reduction in potential exposure to criminal penalty is a proper sentencing consideration. State v. Wry, 591 So.2d 774 (La.App. 2d Cir.1991); State v. Anderson, 574 So.2d 468 (La.App. 2d Cir.1991).

In this case, we find more than adequate La.C.Cr.P. art. 894.1 compliance. Contrary to Boyette’s argument, the record shows that the trial court considered the defendant’s previous criminal history, heard testimony regarding how the state benefitted from the plea agreement, and considered his youth and expression of remorse. Coupled with these factors, the remaining considerations of the trial court show a more-than-adequate factual basis for the sentence imposed.

|4Nor can we find the sixty-year sentence to be constitutionally excessive. The crime of armed robbery, when Boy-ette entered his plea, carried a sentence at hard labor for not less than five years and for not more than ninety-nine years, without benefit of parole, probation, or suspension of sentence. La. R.S. 14:64(B). Armed robbery is a serious offense which creates a highly explosive atmosphere in which victims, perpetrators, and bystanders may be injured or killed. State v. Jones, 28,929 (La.App.2d Cir.04/02/97), 691 So.2d 858; State v. Curry, 593 So.2d 860 (La.App. 2d Cir.1992).

Despite the state’s recommended ceiling cap, the trial court made it abundantly clear to Boyette that it was not bound by the forty-year sentencing-cap recommendation. It is well settled that the sentencing discretion of the trial judge cannot be limited by a sentence recommended by both the state and defendant. The trial judge may accept or reject a joint sentence recommendation. State v. Rios, 95-00961 (La.App. 3d Cir.03/06/96), 670 So.2d 708. Here, the court agreed only to impose the sentences concurrently. Accordingly, its rejection of the recommendation was within its discretion.

Moreover, Boyette was involved in an armed robbery in which the victim was killed, the most dangerous possible result of such a serious offense. The crime spree also involved a second murder. Clearly, Boyette pled guilty to several offenses which did not adequately describe his conduct and received a substantial benefit from the plea-he was originally facing the death sentence on two separate murder charges.

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Related

Boykin v. Alabama
395 U.S. 238 (Supreme Court, 1969)
State v. Nuccio
454 So. 2d 93 (Supreme Court of Louisiana, 1984)
State v. Curry
593 So. 2d 860 (Louisiana Court of Appeal, 1992)
State v. Wry
591 So. 2d 774 (Louisiana Court of Appeal, 1991)
State v. Dorthey
623 So. 2d 1276 (Supreme Court of Louisiana, 1993)
State v. Hogan
480 So. 2d 288 (Supreme Court of Louisiana, 1985)
State v. Rios
670 So. 2d 708 (Louisiana Court of Appeal, 1996)
State v. Zielman
384 So. 2d 359 (Supreme Court of Louisiana, 1980)
State v. Jones
398 So. 2d 1049 (Supreme Court of Louisiana, 1981)
State v. Nicholas
704 So. 2d 930 (Louisiana Court of Appeal, 1997)
State v. Clark
414 So. 2d 369 (Supreme Court of Louisiana, 1982)
State v. Barnes
596 So. 2d 302 (Louisiana Court of Appeal, 1992)
State v. Dunn
715 So. 2d 641 (Louisiana Court of Appeal, 1998)
State v. Essex
618 So. 2d 574 (Louisiana Court of Appeal, 1993)
State v. Williams
341 So. 2d 370 (Supreme Court of Louisiana, 1976)
State v. Bradford
691 So. 2d 864 (Louisiana Court of Appeal, 1997)
State v. Jones
691 So. 2d 858 (Louisiana Court of Appeal, 1997)
State v. Smith
433 So. 2d 688 (Supreme Court of Louisiana, 1983)
State v. Anderson
574 So. 2d 468 (Louisiana Court of Appeal, 1991)
State v. Butler
734 So. 2d 680 (Louisiana Court of Appeal, 1999)

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Bluebook (online)
768 So. 2d 658, 2000 La. App. LEXIS 2186, 2000 WL 1407041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boyette-lactapp-2000.