State v. Crabtree

569 So. 2d 646, 1990 La. App. LEXIS 2427, 1990 WL 166885
CourtLouisiana Court of Appeal
DecidedOctober 31, 1990
DocketNo. 22,061-KA
StatusPublished
Cited by3 cases

This text of 569 So. 2d 646 (State v. Crabtree) 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. Crabtree, 569 So. 2d 646, 1990 La. App. LEXIS 2427, 1990 WL 166885 (La. Ct. App. 1990).

Opinion

LINDSAY, Judge.

The defendant, Toney W. Crabtree, pled guilty as charged to one count of molestation of a juvenile, in violation of LSA-R.S. 14:81.2(C). He was sentenced to serve twelve years at hard labor and to pay a fine of $1,000 or, in default of payment thereof, to serve one year in jail. The defendant appealed his sentence as being excessive. For the reasons assigned below, we affirm.

FACTS

In May of 1989, the 14-year-old daughter of the defendant confided in her mother that the defendant had sexually abused her several years before while she was visiting him in Bastrop, Louisiana. The mother reported the conduct to the law enforcement authorities at the Ouachita Parish Sheriffs Office. In turn, that office contacted the sheriffs office in Morehouse Parish where Bastrop is located.

A juvenile investigator for the More-house Parish Sheriffs Office interviewed the victim, who recounted that the defendant had initiated sexual activity with her when she was only two years old. The defendant continued to molest the victim thereafter. The last such incident occurred in December of 1986 when the victim, then eleven years old, was visiting at the defendant’s home in Bastrop.1 (However, the record indicates that the majority of the incidents of sexual abuse occurred in Monroe, Louisiana.) The investigator also interviewed the defendant, who admitted the allegations of sexual abuse.

On June 6, 1989, a bill of information was filed charging that in December, 1986, the defendant committed the offense of molestation of a juvenile, in violation of LSA-R.S. 14:81.2(C). On that same day, pursuant to a plea bargain, the defendant pled guilty as charged. By the terms of the plea agreement, the state agreed not to present any of the charges arising in More-house Parish to a grand jury.

On February 2, 1990, the trial court sentenced the defendant to serve a term of 12 years at hard labor. The trial court also ordered the defendant to pay a fine of $1,000, plus costs, or, in default of payment thereof, to serve one year in jail.

The defendant appealed. On appeal, the defendant contends that the trial court failed to adequately comply with LSA-C. Cr.P. Art. 894.1 and imposed an unconstitutionally excessive sentence.

LAW

In determining whether a sentence is excessive, the test imposed by the reviewing court is two-pronged. First, the record must show that the trial court took cognizance of the factors set forth in LSA-C.Cr.P. Art. 894.1 which enumerates criteria to consider in determining whether a sentence is excessive. State v. Sepulvado, 367 So.2d 762 (La.1979); State v. Hammonds, 434 So.2d 452 (La.App. 2d Cir.1983), writ denied 439 So.2d 1074 (La.1983); State v. Tully, 430 So.2d 124 (La.App. 2d Cir.1983), writ denied 435 So.2d 438 (La.1983)

While the trial court need not articulate every aggravating and mitigating circumstance outlined in LSA-C.Cr.P. Art. 894.1, the record must reflect that the court adequately considered those guidelines in particularizing the sentence to the defendant. State v. Smith, 433 So.2d 688 (La.1983); State v. Hammonds, supra; State v. Cunningham, 431 So.2d 854 (La.App. 2d Cir.1983), writ denied 438 So.2d 1112 (La.1983).

The articulation of the factual basis for a sentence is the goal of LSA-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 when there has not been full compliance with LSA-C.Cr.P. Art. 894.1. State v. Lanclos, 419 So.2d 475 (La.1982). 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 the offense and likelihood of [648]*648rehabilitation. State v. Jones, 398 So.2d 1049 (La.1981); State v. Hudgins, 519 So.2d 400 (La.App. 2d Cir.1988), writ denied 521 So.2d 1143 (La.1988).

After determining whether the provisions of LSA-C.Cr.P. Art. 894.1 have been complied with by the trial court, the reviewing court must then determine whether the sentence imposed is too severe given the circumstances of the case and the background of the defendant.

The sentencing court is given wide discretion in imposing a sentence within the statutory limits and such a sentence should not be set aside as excessive in the absence of a manifest abuse of discretion by the sentencing court. State v. Square, 433 So.2d 104 (La.1983); State v. Hammonds, supra; State v. Brooks, 431 So.2d 865 (La.App. 2d Cir.1983).

A sentence is unconstitutionally excessive in violation of La. Const. 1974 Art. 1, § 20 if the sentence is grossly out of proportion to the severity of the offense or nothing more than the needless and purposeless imposition of pain and suffering. State v. Bonanno, 384 So.2d 355 (La.1980); State v. Cunningham, supra. A sentence is considered grossly disproportionate if, when the crime and punishment are considered in light of the harm done to society, it is so disproportionate as to shock the sense of justice. State v. Lewis, 430 So.2d 1286 (La.App. 1st Cir.1983), writ denied 435 So.2d 433 (La.1983).

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. Palmer, 448 So.2d 765 (La.App. 2d Cir.1984), writ denied 452 So.2d 695 (La.1984). As a general rule, maximum or near maximum sentences are to be reserved for the worst offenders and the worst offenses. State v. Lathers, 444 So.2d 96 (La.1983); State v. Telsee, 425 So.2d 1251 (La.1983); State v. Williams, 454 So.2d 1287 (La.App. 2d Cir.1984). However, in cases where the defendant has pled guilty to an offense which does not adequately describe his conduct, the benefit received by a plea bargain agreement and the attendant reduction in potential exposure to criminal penalty is a proper sentencing consideration particularly where the offense involves violence. State v. Griffin, 455 So.2d 681 (La.App. 2d Cir.1984), writ denied 458 So.2d 128 (La.1984); State v. Richardson, 446 So.2d 820 (La.App. 2d Cir.1984); State v. Winzer, 465 So.2d 817 (La.App. 2d Cir.1985).

A trial court is not required to render a suspended sentence of probation on a first felony offense, but may consider whatever factors and evidence are deemed important to a determination of the best interest of the public and the defendant. State v. McKethan, 459 So.2d 72 (La.App. 2d Cir.1984); State v. Tully, supra.

DISCUSSION

The defendant contends that the trial court failed to adequately consider substantial mitigating factors (such as his religious conversion) and gave undue weight to a court-ordered psychological evaluation. We have carefully considered the reasons given by the trial court for the imposition of sentence and find full compliance with the provisions of LSA-C.Cr.P. Art. 894.1. We further find that the sentence imposed is not unconstitutionally excessive.

Before imposing sentence upon the defendant, the trial court acknowledged receipt of a pre-sentence investigation (PSI) report by the Department of Corrections, a written pre-sentence statement submitted by the defendant, and numerous letters written on the defendant’s behalf, including one by the victim’s mother.

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Related

State v. Scoggins
70 So. 3d 145 (Louisiana Court of Appeal, 2011)
State v. Ellis
880 So. 2d 214 (Louisiana Court of Appeal, 2004)
State v. Crabtree
575 So. 2d 365 (Supreme Court of Louisiana, 1991)

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Bluebook (online)
569 So. 2d 646, 1990 La. App. LEXIS 2427, 1990 WL 166885, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-crabtree-lactapp-1990.