State v. Coco

723 So. 2d 513, 98 La.App. 3 Cir. 855, 1998 La. App. LEXIS 3615, 1998 WL 887208
CourtLouisiana Court of Appeal
DecidedDecember 9, 1998
DocketNo. CR98-855
StatusPublished
Cited by2 cases

This text of 723 So. 2d 513 (State v. Coco) 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. Coco, 723 So. 2d 513, 98 La.App. 3 Cir. 855, 1998 La. App. LEXIS 3615, 1998 WL 887208 (La. Ct. App. 1998).

Opinion

hTHIBODEAUX, Judge.

The defendant, Vickie Coco, pled guilty to manslaughter. This charge was reduced from first degree murder pursuant to a plea bargain wherein she testified against two of her co-defendants and was prepared to testify against a third co-defendant. She was sentenced to serve forty years at hard labor. She appeals her sentence on the basis of excessiveness.

We affirm.

kFACTS

The record clearly indicates Ms. Coco’s involvement in the January 10, 1996 murder of 82-year-old Clarence Robin of Hessmer. She had maintained a prior relationship with Mr. Robin for some time prior to the murder and had received money from him on several prior occasions. She had obtained approximately $900.00 from the victim on the same day of the murder.

Ms. Coco was high on crack and gin at the time of the crime and discussions preliminary to the murder, but apparently was able to discern the nature of the actions and she had a clear recollection of the events that transpired.

Ms. Coco, along with co-defendants, Clinton Brackens and Norman Dozier, left Marksville in a small pickup truck to “knock out the victim” and steal money for drugs, but were afraid to complete the act. It was decided that Winfred Davenport, Jr., who was not initially part of the group, would be willing to carry out the actual act. The group intended to utilize Ms. Coco’s relationship with Mr. Robin to gain entrance into his house. She testified that although she heard the discussions about “knocking out the man,” she felt that there would be no need for violence. Over the course of the day, there were at least six separate discussions concerning “knocking out” Mr. Robin.

After picking up Davenport, they returned to Hessmer and went to Mr. Robin’s house. At some point prior to entering the house, Ms. Coco observed Davenport remove a large four-way lug wrench from the back of the truck. After entering the victim’s residence, she went with him to the back of the house where she began to disrobe allegedly to dance or perform some sexual service in exchange for money. At that point, co-defendants Dozier and Davenport entered the bedroom and went into the bathroom with the victim where she heard him exclaim “Oh, no!” It bwas later determined that Davenport struck the victim with the iron tire tool in the head, causing his death.

Excessiveness

Ms. Coco contends that the imposition of a sentence of forty (40) years is constitutionally excessive. On appeal, she presents for review whether she is entitled to review the sentence imposed. Ms. Coco was originally charged with first degree murder and the plea of guilty to manslaughter was the result of a plea agreement wherein she would cooperate with law enforcement in obtaining convictions of the three named co-defendants. The plea agreement was not for a specific sentence nor did it refer to a sentencing cap. She is, therefore, clearly entitled to a review of the imposed sentence. See State v. Young, 96-0195 (La.10/15/96); 680 So.2d 1171; State v. Jordan, 98-101 (La.App. 3 Cir. 6/3/98), 716 So.2d 36; State v. Goodman, 96-376 (La.App. 3 Cir. 11/6/96); 684 So.2d 58.

A defendant’s sentence may still be reviewed for excessiveness although it falls within the statutory range. State v. Sepulvado, 367 So.2d 762 (La.1979). However, it is equally decided that sentences imposed within the statutory limits should not be set aside as excessive in the absence of a manifest abuse of discretion. State v. Bonanno, 384 So.2d 355 (La.1980). Thus, this court must decide if the penalty imposed is so disproportionate to the crime committed, in light of the harm posed to society, that it shocks a socie[515]*515tal sense of justice. Id.; State v. Everett, 530 So.2d 615 (La.App. 3 Cir.1988), writ denied, 536 So.2d 1233 (La.1989).

In reviewing a sentence, we must be mindful that “[t]he only relevant question on review, however, [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, 959.

^Louisiana Revised Statutes 14:31(B) provides that whoever commits manslaughter shall be imprisoned at hard labor for not more than forty years. The trial court imposed the maximum of forty years for Ms. Coco’s involvement in the murder of Clarence Robin.

In order to insure adequate review by the appellate court, there must be an indication in the record that the trial court considered both the aggravating and mitigating factors set forth in La.Code Crim.P. art. 894.1 in determining the defendant’s particular sentence. State v. Davis, 449 So.2d 452 (La.1984). It is well established that the trial court need not articulate every factor of Article 894.1. However, the record must establish that the terms set forth therein have been adequately considered. The record must reveal some indication that the trial court considered the guidelines set forth in Article 894.1. In the present case, the trial court set forth many detailed factors for consideration, as follows in part:

BY THE COURT:
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Much has also been said about her drug addiction, and how this somehow should act as a mitigating factor in the issuance of this sentence. We must all remember, however, these very important facts: But for Vickie Coco, Clarence Robins would not have been killed that night.
From Vickie Coco’s own testimony, on several occasions, the other defendants mentioned, on at least six occasions, that night, that they were going to harm Mr. Robin.
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Counsel for defense has also gone to great length to point out various provisions of Article 894.1 of the Louisiana Code of Criminal Procedure, Sentencing Guidelines, which are applicable in this case. They make strong argument, however, their' argument must fall for several reasons:
fcFirst of all, this court is firmly convinced that there is an undue risk that if a suspended sentence, or probation was issued, Vickie Coco would commit another crime. Her past life has been full of crime.
This court is also firmly convinced that she is in need of correctional treatment that can be provided most effectively by her commitment to an institution.
Again, this is based on her past criminal activity.
Further, any lesser sentence that would be issued herein, would certainly deprecate the seriousness of the crime.
And, from the facts hereinafter discussed, there is clearly a factual basis for the sentence, which will be imposed.
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Counsel claims that Vickie Coco’s individual conduct did not manifest deliberate cruelty to the victim. I strongly disagree. Her conduct through her association with Clarence Robin, consisted, in this court’s opinion, of deliberate cruelty to Mr. Robin.
Further, knowing that harm was going to be issued to Mr. Robin, on the night of January 10, 1996, and going to his home, anyway, that is certainly deliberate cruelty in this court’s opinion.
Counsel for defense concedes that Ms.

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Bluebook (online)
723 So. 2d 513, 98 La.App. 3 Cir. 855, 1998 La. App. LEXIS 3615, 1998 WL 887208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coco-lactapp-1998.