State v. Coleman

574 So. 2d 477, 1991 WL 6443
CourtLouisiana Court of Appeal
DecidedJanuary 23, 1991
Docket22077-KA
StatusPublished
Cited by15 cases

This text of 574 So. 2d 477 (State v. Coleman) 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. Coleman, 574 So. 2d 477, 1991 WL 6443 (La. Ct. App. 1991).

Opinion

574 So.2d 477 (1991)

STATE of Louisiana, Appellee,
v.
James Earl COLEMAN, Appellant.

No. 22077-KA.

Court of Appeal of Louisiana, Second Circuit.

January 23, 1991.

*478 Hunter Scott Blue Johnson & Ross by Robert C. Johnson, for appellant.

William J. Guste, Jr., Atty. Gen., James A. Norris, Jr., Dist. Atty., John P. Spires, Asst. Dist. Atty., for appellee.

Before LINDSAY and HIGHTOWER, JJ., and PRICE, J. Pro Tem.

O.E. PRICE, Judge Pro Tem.

After initially being charged with simple burglary of an inhabited dwelling and pleading not guilty, defendant pled guilty to simple burglary. He was thereafter sentenced to four years at hard labor.

Defendant now appeals, contending the trial court erred in failing to grant him a full evidentiary presentencing hearing. He alternately contends the trial court failed to properly consider the sentencing guidelines resulting in his excessive sentence.

We affirm.

FACTS

On September 6, 1989, defendant Coleman (then age 17) left his home and went directly to that of his elderly victim. After unsuccessfully trying to break into the front door, Coleman went to the side of the house and attempted to remove a window air conditioner unit with a screwdriver he carried with him. Unable to open the window, defendant then went to the back door, where he forcibly gained entry.

Once inside and finding no one home, defendant pilfered through his victim's belongings, pocketing a gold ring and other items of value. A witness reported the incident to police after hearing noises from the house of his neighbor, who was hospitalized at that time.

Upon searching outside, law enforcement authorities discovered the back door partially ajar. They called to the intruder to identify himself and come outside. When defendant failed to respond, the officers released Ricky, a police K-9, who discovered the defendant underneath the bed in the master bedroom. He was then subdued and arrested.

Defendant later gave a full confession to law enforcement authorities. Before trial, defendant entered into a plea bargain under which he withdrew his formal "not guilty" plea and pled guilty to simple burglary, conditioned upon a sentencing "cap" *479 of six years. Nevertheless, the trial judge suggested to defendant that an appeal of the sentence could occur. Finding defendant's plea knowingly and voluntary made, the trial court accepted his plea, ordered a PSI and invited defendant's counsel to review it prior to sentencing.

THE SENTENCING HEARING

The record does not clearly reflect whether or not defendant requested to or did in fact review the PSI before the sentencing hearing. Defendant simply appeared in court and announced ready for sentencing.

Before imposing sentence, the trial judge reviewed with the defendant and his counsel the information contained in defendant's PSI. Noting the PSI included only a "cryptic note" indicating defendant had extensive juvenile problems, the trial judge advised them he had personally contacted the Office of Youth Services and received more specific information regarding defendant's history of delinquency, which he discussed in detail. The trial judge then reviewed the aggravating and mitigating circumstances he considered in imposing sentence.

Discussing the aggravating circumstances, the trial court emphasized the circumstances of defendant's arrest, the seriousness of his crime, the damage caused to his elderly victim's home and well-being, and his "significant" juvenile record.

As mitigating factors, the trial court noted defendant had limited formal education but had obtained his GED in the Job Corps. He also cited defendant's difficult childhood, particularly noting his father was deceased.

The trial court concluded that defendant's conduct threatened and caused serious harm without provocation or justification and that he had not, and had no way of, compensating his victim. Emphasizing defendant's history of delinquency, the trial court found that defendant had not led a law-abiding life for a substantial period of time and that his criminal conduct was likely to recur. The trial court additionally concluded that defendant benefited from his plea bargain by pleading guilty to simple burglary, noting that as initially charged defendant was exposed to a mandatory, minimum one-year prison term at hard labor without benefit of parole, probation or suspension of sentence. See and compare LSA-R.S. 14:62.2 and 14:62.

Relying on information his client had told him and apparently realizing that the trial judge was going to impose a prison term, defense counsel objected to the trial court's conclusion that defendant benefited from his plea bargain and its characterization of the defendant's juvenile record as "lengthy." He first noted that the crime with which defendant was initially charged and that to which he pled guilty both carried a maximum of twelve-year sentence at hard labor. Counsel additionally informed the trial court that he had been advised by the defendant of only one incident as a juvenile and that the PSI apparently indicated no other juvenile "convictions." He further reviewed and emphasized mitigating factors. To him, defendant's juvenile record was improvidently characterized as "lengthy."

Responding, the trial judge offered to order defendant's juvenile record and incorporate it under seal in the record for appellate purposes. Defense counsel refused and moved for a "formal sentencing hearing." Noting defendant's objection, but denying his motion, the trial court thereafter imposed the sentence of which the defendant now complains.

On this appeal, defendant asserts three assignments of error. He first contends the trial court erred in denying his motion for a full evidentiary presentencing hearing. He alternatively contends the trial court failed to comply with CCrP Art. 894.1 and imposed an excessive sentence.

ENTITLEMENT TO A FORMAL PRESENTENCING HEARING

Defendant does not here contend that the trial court erred in contacting sua sponte the Division of Youth Services regarding defendant's juvenile record. Nor does he maintain that a defendant's history of delinquency *480 is not a proper factor to be considered in sentencing.[1] Defendant contends only that he was entitled to, but not given, an opportunity to correct or rebut the information relating to defendant's history of delinquency upon which the trial court expressly relied in imposing sentence. More particularly, defendant here essentially contends only that his PSI contained unreliable and erroneous information regarding his juvenile record which should not have been considered by the trial court in imposing sentence or which the defendant had a right to rebut at a presentence hearing before sentencing. Our review indicates the contrary.

Although presentence hearings are not required by our Code of Criminal Procedure, due process and fundamental fairness (as recognized in our Code of Criminal Procedure) provides for potential challenges by a defendant of the factual content and conclusions of the PSI report. The Code, however, does not specify the method by which such challenges must be made. Instead, our courts have jurisprudentially determined the procedure by which a defendant must traverse allegedly false, misleading or otherwise prejudicial PSI information.

Although a PSI is privileged and must remain confidential, CCrP Art. 877, the trial court is authorized, and upon timely request and proper allegations

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Cite This Page — Counsel Stack

Bluebook (online)
574 So. 2d 477, 1991 WL 6443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coleman-lactapp-1991.