State v. Cloward

960 So. 2d 356, 2007 WL 1760663
CourtLouisiana Court of Appeal
DecidedJune 20, 2007
Docket42,123-KA
StatusPublished
Cited by2 cases

This text of 960 So. 2d 356 (State v. Cloward) 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. Cloward, 960 So. 2d 356, 2007 WL 1760663 (La. Ct. App. 2007).

Opinion

960 So.2d 356 (2007)

STATE of Louisiana, Appellee
v.
Patrick D. CLOWARD, Appellant.

No. 42,123-KA.

Court of Appeal of Louisiana, Second Circuit.

June 20, 2007.
Rehearing Denied August 9, 2007.

*358 James D. Sparks, Jr., Monroe, for Appellant.

Jerry L. Jones, District Attorney, Neal G. Johnson, Assistant District Attorney, for Appellee.

Before BROWN, PEATROSS & LOLLEY, JJ.

PEATROSS, J.

Defendant, Patrick D. Cloward, seeks review of his sentence for computer-aided solicitation for sexual purposes,[1] a violation of La. R.S. 14:81.3. The trial court imposed a sentence of ten years at hard labor without benefit of probation, parole or suspension of sentence, in addition to a fine of $5,000 or one year in default of payment. A timely motion for reconsideration of sentence was denied. For the following reasons, we affirm the conviction and sentence.

FACTS

R.J.[2] and Defendant met and chatted over the internet for approximately two years. When they started, R.J. was 12 years old and Defendant was 21 years old. After the victim reached the age of 13, Defendant told her they were dating. During their chats, Defendant forwarded pictures of himself to the victim and told her that other 13—and 14-year-old girls exposed themselves to him via web cameras. At some point, Defendant told the victim he would travel to the Monroe, Louisiana area to visit with the victim. Knowing that her mother and aunt[3] would not allow the visit, Defendant and the victim concocted a plan in which Defendant called the victim's aunt pretending to be the grandmother of one of the friends of the victim. The plan required the "grandmother" to seek permission for the victim to attend a carnival with the victim's friend and grandmother.

On November 11, 2005, the victim went to a local shopping mall with her aunt. As part of a prearranged plan, the victim walked away from her aunt to meet Defendant. The pair walked around the mall and then went to Defendant's hotel room. Once there, the couple took pictures, including one of them kissing. When the victim's aunt was unable to locate her in the mall, she contacted the victim's mother, mall security and the police. Continuous telephone calls were made to the victim's cell phone. Eventually, the victim's mother contacted Defendant on his cell phone. The mother had Defendant's cell phone number because the victim would call him from her cell phone and the number would appear on the mother's monthly statement. Defendant initially pretended to the mother that he was still in California and had no idea of the victim's whereabouts. When the victim's mother left a message on her cell phone indicating the police would be contacted, the victim decided to return to the shopping mall where she rejoined her family.

The next day, the victim, her aunt and Defendant met for breakfast. The aunt requested that the Defendant produce identification because she was suspicious *359 that Defendant was older than he had pretended. Defendant did not produce the identification. After the group left the restaurant and went to a local department store, the victim's aunt contacted the police and Defendant was arrested in the store.

In searching Defendant's hotel room, the police found pictures of the couple, as well as scrap pieces of paper on which calculations were written to determine the year in which a person would have been born to be 18 years old. The victim told the police that Defendant initially told her he was 17, but later disclosed that he was actually 23 years old. The victim also reported that Defendant had, at some time during their exchanges, told her that his name was "Patrick Wall." The victim's computer contained numerous instant messages from Defendant as well as pictures of Defendant.

The Monroe Police Department contacted the police department in Gardena, California. A search of Defendant's home produced a "script" on which Defendant had written facts that were presented to the victim's aunt in the telephone call requesting permission for the victim to visit with her friend during the time Defendant was to be in Monroe. The Gardena Police Department also forwarded a copy of an incident report in which the suspect, listed as Patrick Wall, made threats against two teenage girls. One of the girls, an 11-year-old, chatted with the suspect over a two—to three-year period prior to the threats. A picture of the suspect, "Patrick Wall," was confirmed to be Defendant.

Defendant pled guilty to the charge of computer-aided solicitation for sexual purposes. The trial court sentenced him to ten years at hard labor without benefit of probation, parole or suspension of sentence. Defendant was ordered to pay a $5,000 fine or serve one year in default of payment with the default time being consecutive to any other jail time. The trial court also ordered that Defendant have no contact with the victim for the remainder of his life, nor was he to have any contact with other minors or any access to the internet. The trial court urged the Department of Corrections to make an official determination of Defendant's ability to pay the victim's reasonable costs of counseling resulting from the offense and any other pecuniary loss caused by the offense.

DISCUSSION

EXCESSIVE SENTENCE

Defendant now alleges the sentence imposed in this case is excessive for the numerous errors assigned in brief. We find Defendant's assignments of error to be without merit.

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 court 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. Smith, 433 So.2d 688 (La.1983); State v. Dunn, 30,767 (La.App.2d Cir.6/24/98), 715 So.2d 641. 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 where there has not been full compliance with La. C. Cr. P. art. 894.1. State v. Lanclos, 419 So.2d 475 (La.1982); State v. Hampton, 38,017 (La. App.2d Cir.1/28/04), 865 So.2d 284, writs denied, 04-0834 (La.3/11/05), 896 So.2d 57 *360 and 04-2380 (La.6/3/05), 903 So.2d 452. The important elements which should be considered are 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); State v. Haley, 38,258 (La. App.2d Cir.4/22/04), 873 So.2d 747, writ denied, 04-2606 (La.6/24/05), 904 So.2d 728. There is no requirement that specific matters be given any particular weight at sentencing. State v. Jones, 33,111 (La. App.2d Cir.3/1/00), 754 So.2d 392, writ denied, 00-1467 (La.2/2/01), 783 So.2d 385.

In selecting a proper sentence, a trial judge is not limited to considering only a defendant's prior convictions, but may properly review all prior criminal activity. State v. Russell, 40,526 (La.App.2d Cir.1/27/05), 920 So.2d 866, writ denied, 06-0478 (La.9/29/06), 937 So.2d 851; State v. Jackson, 612 So.2d 993 (La.App. 2d Cir. 1993).

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Bluebook (online)
960 So. 2d 356, 2007 WL 1760663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cloward-lactapp-2007.