State v. Carman

247 So. 3d 141
CourtLouisiana Court of Appeal
DecidedFebruary 28, 2018
DocketNo. 51,897–KA
StatusPublished

This text of 247 So. 3d 141 (State v. Carman) 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. Carman, 247 So. 3d 141 (La. Ct. App. 2018).

Opinion

STONE, J.

Donovan Carman pled guilty to manslaughter and was sentenced to the maximum penalty of 40 years at hard labor. He now appeals, arguing his sentence is unconstitutionally excessive. For the following reasons, Carman's conviction and sentence are affirmed.

FACTUAL BACKGROUND

On December 28, 2015, Donovan Carman ("Carman") contacted his estranged girlfriend, Deidra Nichols ("Nichols"), to *143arrange the pickup of their two-year-old daughter, Emma. Nichols advised Carman he could not pick up Emma because it was "too cold" outside. Notwithstanding Nichols' objection, Carman left his job in Bossier City and drove approximately 22 minutes to the home of Nichols' parents in Stonewall, with whom Nichols and her three children resided.1

After arriving at the Nichols residence and knocking on the door, Carman placed both hands into the front pocket of his hoodie. Nichols' elderly and disabled father, Bobby Nichols ("Bobby"), opened the front door and Carman pulled a gun from his pocket and shot Bobby in the head. Bobby subsequently died from the gunshot wound.

On February 25, 2016, Carman was indicted for the second-degree murder of Bobby. On February 14, 2017, pursuant to a plea agreement, the State amended the indictment and filed a bill of information charging Carman with manslaughter to which Carman subsequently pled guilty. On May 18, 2017, a sentencing hearing was held and a presentence investigation (PSI) report was ordered. Thereafter, the trial court sentenced Carman to 40 years at hard labor. Carman timely filed a motion to reconsider the sentence, which was denied. On appeal, Carman argues his 40-year sentence, which is the maximum sentence for a conviction of manslaughter, is unconstitutionally harsh and excessive.

DISCUSSION

The trial court has wide discretion in the imposition of sentences within the statutory limits and such sentences should not be set aside as excessive in the absence of a manifest abuse of that discretion. State v. Williams, 03-3514 (La. 12/13/04), 893 So.2d 7 ; State v. Allen , 49,642 (La. App. 2 Cir. 2/26/15), 162 So.3d 519, writ denied , 15-0608 (La. 1/25/16), 184 So.3d 1289. A trial judge is in the best position to consider the aggravating and mitigating circumstances of a particular case, and, therefore, is given broad discretion in sentencing. State v. Allen, supra; State v. Zeigler, 42,661 (La. App. 2 Cir. 10/24/07), 968 So.2d 875. On review, an appellate court does not determine whether another sentence may have been more appropriate, but whether the trial court abused its discretion. State v. Jackson, 48,534 (La. App. 2 Cir. 1/15/14), 130 So.3d 993.

As a general rule, maximum or near-maximum sentences are reserved for the worst offenders and the worst offenses. State v. Cozzetto , 07-2031 La. 2/15/08), 974 So.2d 665 ; State v. Hogan , 47,993 (La. App. 2 Cir. 4/10/13), 113 So.3d 1195, writ denied , 13-0977 (La. 11/8/13), 125 So.3d 445.

In reviewing a sentence for excessiveness, an appellate court uses a two-prong process. First, the record must show the trial court took cognizance of the criteria set forth in La. C. Cr. P. art. 894.1. 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. The trial court is not required to list every aggravating or mitigating circumstance so long as the record reflects that it adequately considered the guidelines of the article. State v. Smith, 433 So.2d 688 (La. 1983) ; State v. Washington , 50,337 (La. App. 2 Cir. 1/13/16), 185 So.3d 852, writ denied , 16-0224 (La. 2/3/17), 215 So.3d 688. The important elements which should be considered are the defendant's personal history (age, family ties, marital status, health, and employment record), prior criminal record, seriousness of offense, and the likelihood of *144rehabilitation. State v. Jones, 398 So.2d 1049 (La. 1981) ; Washington, supra ; State v. Ates, 43,327 (La. App. 2 Cir. 8/13/08), 989 So.2d 259, writ denied , 08-2341 (La. 5/15/09), 8 So.3d 581. There is no requirement that specific matters be given any particular weight at sentencing. State v. Thompson, 50,392 (La. App. 2 Cir. 2/24/16), 189 So.3d 1139 ; State v. Caldwell , 46,718 (La. App. 2 Cir. 11/2/11), 78 So.3d 799.

Second, the court must determine whether the sentence is unconstitutionally excessive. A sentence violates La. Const. art. I, § 20, if it is grossly out of proportion to the severity of the crime or nothing more than a purposeless and needless infliction of pain and suffering. State v. Dorthey, 623 So.2d 1276 (La. 1993) ; State v. Lewis, 49,138 (La. App. 2 Cir. 6/25/14), 144 So.3d 1174, writ not consid. , 16-0235 (La.

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State v. Givens
42 So. 3d 451 (Louisiana Court of Appeal, 2010)
State v. Dorthey
623 So. 2d 1276 (Supreme Court of Louisiana, 1993)
State v. Ates
989 So. 2d 259 (Louisiana Court of Appeal, 2008)
State v. Weaver
805 So. 2d 166 (Supreme Court of Louisiana, 2002)
State v. Jones
398 So. 2d 1049 (Supreme Court of Louisiana, 1981)
State v. Cozzetto
974 So. 2d 665 (Supreme Court of Louisiana, 2008)
State v. Williams
893 So. 2d 7 (Supreme Court of Louisiana, 2004)
State v. Smith
433 So. 2d 688 (Supreme Court of Louisiana, 1983)
State v. Zeigler
968 So. 2d 875 (Louisiana Court of Appeal, 2007)
State v. Ross
811 So. 2d 176 (Louisiana Court of Appeal, 2002)
State v. Caldwell
78 So. 3d 799 (Louisiana Court of Appeal, 2011)
State v. Hogan
113 So. 3d 1195 (Louisiana Court of Appeal, 2013)
State v. Mendenhall
115 So. 3d 727 (Louisiana Court of Appeal, 2013)
State v. Jackson
130 So. 3d 993 (Louisiana Court of Appeal, 2014)
State v. Leone
140 So. 3d 793 (Louisiana Court of Appeal, 2014)
State v. Lewis
144 So. 3d 1174 (Louisiana Court of Appeal, 2014)
State v. Allen
162 So. 3d 519 (Louisiana Court of Appeal, 2015)
State ex rel. Leone v. State
163 So. 3d 804 (Supreme Court of Louisiana, 2015)

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Bluebook (online)
247 So. 3d 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carman-lactapp-2018.